8/20/2019 Eviction Legal Self-Help Brochure (Rev. 2)

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 Three months or just one?

There are at least two legal defenses that could

either preclude trial altogether or at least delay it

by up to 60 or more days, even if you have no

money to pay rent right now. Filing just an

answer to the complaint against you—the onlydocument prepared by the Legal Self-Help

Center—gives you only 30 days to avoid

homelessness. 

If you fail to raise them prior to your trial, you

have just one chance to avoid eviction, with

virtually no grounds for an appeal of an adverse

 judgment against you; however, by filing either of

the two alternative legal responses to the eviction

complaint, namely, a Motion to Quash Service ofSummons and/or a Demurrer to Complaint, you

could maintain your current residence, rent-

deferred. 

 Trial or no trial?

Filing a demurrer can actually preclude trial,

putting an end to the eviction suit altogether.

Closely examine the three-day notice to pay rentor quit  for compliance with civil codes pertaining

to evictions. Any missing or incorrect information

is grounds for a demurrer. If it is defective—and

you raise that issue in a pre-trial hearing—then

the eviction case against you will be dismissed.

Your landlord must then prepare and serve

another notice that is valid, provide you with the

same amount of time to respond (i.e., another 30

days), and file a corrected complaint if the notice

is not complied with (adding an additional 30

days until eviction).

Getting started 

 All costs covered, no fees

This service includes assistance with determining

whether additional legal defenses are applicable

to your eviction case that are not pro"ered in

your answer by the Legal Self-Help Center, and

which may be used to avoid trial; it provides even

further assistance with document preparation.

Once you have determined to proceed, you can

get free help writing, filing and serving all of the

necessary legal documents by calling or texting

James Alan Bush at (408) 685-4049. All non-

court related fees and associated costs are

covered, and all services are rendered prior to

the five-day deadline expiry. 

Learning more about your legal options 

Documents prepared by this service follow the

guidelines and recommendations prescribed by

the California Eviction Defense Manual  and the

California Landlord-Tenant Law Practice Guide,

both of which are available at the Santa Clara

County Law Library at 360 North First Street, just

two blocks east from the Legal Self-Help Center.

Fight your eviction with

three legal defenses—

not just one

 Avoid or delay your eviction trial with two legaldefenses not o!ered by the Legal Self-Help

Center and keep your

apartment for up to 90 days,

rent-deferred, instead of only

30 days

LANDLORD

FILES

COMPLAINT

LANDLORD

SERVES

NOTICE

TENANT

FILES

 ANSWER

(+30 DAYS)

TRIAL

IN 30 DAYS

OPTIONS

MOTION

TO

QUASH(+30 DAYS)

DEMURRER

TO

COMPLAINT

(+30 DAYS)

TENANT

 MIGHT  FILE

 ANSWER

(+30 DAYS)

TRIAL

IN 90 DAYS

8/20/2019 Eviction Legal Self-Help Brochure (Rev. 2)

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Demurrer to Complaint

Tenants who think their landlords do not havesu#cient reasons for an eviction notice or to serve a

complaint can file a Demurrer to Complaint . A

demurrer is a document questioning the legality of

the eviction. If the judge grants the demurrer motion,

the landlord might have to start the eviction case

from the beginning, which can stall the eviction for

several weeks. As with the Motion to Quash, a

demurrer will not defeat the eviction outright. But it

might delay the case enough to give tenants the

opportunity to either satisfy their landlords'

demands or fight their claims in court.

Keep your home longer…

…or avoid losing it altogether

Motion to Quash

If service of summons

was improper, this

service helps prepare the

requisite legal

documents to delay  the

eviction trial.

Relevant law

California Civil Code of

Procedure § 1161

(Unlawful Detainer) 

California Civil Code of

Procedure § 1162 (Noticeof Service)

Demurrer to Complaint

If the eviction complaint

does not meet statutory

requirements, this

service helps prepare

the requisite legal

documents to stop theeviction trial.

Relevant law

California Code of Civil

Procedure § 1170 

California Code of Civil

Procedure §§ 1177,

1005

Motion to Quash

Once landlords file for an unlawful detainer, they mustserve their tenants with a Summons and Complaint .

There are specific requirements a landlord must meet

when providing notice or service; if those

requirements are not met, you can file a Motion to

Quash Service of Summons. This motion claims the

landlord has not provided su#cient notice or followed

legal requirements when serving the Summons and

Complaint . If the judge grants the motion, the

landlord will have to serve the Summons and

Complaint again, which will delay eviction by another

30 days.