Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)

Citation: Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
Parent Document: Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
Jurisdiction: California (state)
Effective Date: 2015-11-23
Original Source: https://www.courtlistener.com/opinion/3157363/borsuk-v-appellate-division-of-... ↗

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        A tenant may attack the legal sufficiency of an unlawful detainer complaint by
demurrer or motion to strike, “depending on the defect attacked.” (Eviction Defense
Manual, supra, § 13.1.) Or “it may be preferable to move for summary judgment.”
(Ibid.; see also Landlord-Tenant Practice, supra, § 10.12 [“A complaint that fails to
allege facts essential to an unlawful detainer cause of action may . . . be attacked by a
demurrer.”]; id., § 10.14 [“An unlawful detainer action that demands relief unauthorized
by the summary unlawful detainer procedures may also be challenged by a motion to
strike the improper allegations.”]; id., § 11.31 [“A tenant . . . who wishes to end the
unlawful detainer action before trial may move for summary judgment, on the . . . ground
that the action has no merit . . . .”].)
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