Saturday, November 28, 2015

Demurrer By A Motion To Quash Is No More--Delta Motion Is Held Wrong Practice

For many years, there was a peculiar decision in Delta Imps. v. Mun. Ct. (1983) 146 Cal.App.3d 1033, holding that the only way a complaint in unlawful detainer can be challenged on legal grounds was for a tenant to bring a motion to quash, not a demurrer. Many voiced their disagreement with this case during its 32-year legacy, and it seems that the last nail has arrived this week, the decision in Borsuk v. App. Div. of the Sup. Ct(2015) 242 Cal. App. 4th 607.

New Meet & Confer Rules For California Demurrer and some motions - CCP 430.41, 435.5, 439

[Update - - my short 2015 post about demurrers' new meet & confer rule needs to be updated, now to include other motions, also requiring meet & confer step effective January 1, 2018.
CCP § 435.5 covers motions to strike, and CCP § 439 judgments on the pleadings, both with the exceptions similar to ones previously secured for demurrers under 430.41 (unlawful detainer, incarcerated moving party) and adds two more exceptions (anti-SLAPP motions and a motion brought less than 30 days before trial).]