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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
) COMPLAINT; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
16 )
)
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address.
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using this document.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 demurrer, a motion to quash and more and selling at a huge discount
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
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________________________________________
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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
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the matter may be heard, in Department ___of the above entitled court, located at
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13 ___________________________________________, Defendant, _________________________,

14 will and hereby does move the Court for an order sustaining a general demurrer to the unlawful
15 detainer complaint filed by Plaintiff without leave to amend.
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This demurrer is made pursuant to Code of Civil Procedure §§ 430.10 and 1170 on the
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grounds that the defective three-day notice served on Defendant and attached to the complaint will
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19 not support an unlawful detainer action as it fails to state a cause of action for unlawful detainer as it

20 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT
21 OR QUIT THAT IS DEFECTIVE IN SOME WAY does not contain the information required by
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Code of Civil Procedure § 1161(2), and that the three-day notice overstates the amount of rent due as
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it requests a late charge of $___, thus it is fatally defective and will not support an unlawful detainer
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action.

26 USE THE SECOND EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO

27 PERFORM COVENANT OR QUIT THAT IS DEFECTIVE IN SOME WAY


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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 the three-day notice does not contain the information required by Code of Civil Procedure §
2 1161[c](3) as it fails to describe with specificity the particular conditions or covenants alleged to have
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been violated, thus it is fatally defective and will not support an unlawful detainer action.
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USE THE THIRD EXAMPLE BELOW IF THE 30/60/90 DAY NOTICE TO VACATE WAS
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NOT SERVED BY CERTIFIED OR REGISTERED MAIL

7 the complaint fails to allege that the purported 30/60/ day notice was served in accordance

8 with the provisions of Civil Code §§ 1946, 1946.1 which requires the notice by served by certified or
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registered mail or by one of the methods specified in Code of Civil Procedure §1162 and as a result
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Defendant did not receive said notice, thus the complaint on its face fails to state a cause of action in
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unlawful detainer.
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13 This demurrer is based upon this notice of demurrer, the attached demurrer, the memorandum

14 of points and authorities, and upon such oral and documentary evidence as may be presented by
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Defendant upon the hearing of the demurrer.
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DATED: ________________ _________ _____________________________________________
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Any Attorney or Party
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 DEMURRER TO PLAINTIFF’S COMPLAINT
2 Defendant, __________________________ (“Defendant”) hereby generally demurs to the
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unlawful detainer complaint filed by Plaintiff (“Plaintiff”) as follows:
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FIRST GROUND FOR DEMURRER
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1. Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on

7 the grounds that the three-day notice alleged in the complaint fails to include the payment

8 information required by Code of Civil Procedure § 1161(2), thus the complaint on its face fails to
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state a cause of action in unlawful detainer based on non-payment of rent, or any other cause of
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action in unlawful detainer.
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SECOND GROUND FOR DEMURRER
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13 2. Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on

14 the grounds that the three-day notice alleged in the complaint overstates the amount of rent due as it
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clearly requests a late charge of $____, thus it is fatally defective and will not support an unlawful
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detainer action. Thus the complaint on its face fails to state a cause of action in unlawful detainer
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based on non-payment of rent, or any other cause of action in unlawful detainer.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT