Three months or just one?

Getting started

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 youthe only
document prepared by the Legal Self-Help
Centergives you only 30 days to avoid
homelessness.

All costs covered, no fees

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 of
Summons and/or a Demurrer to Complaint, you
could maintain your current residence, rentdeferred.

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 rent
or quit for compliance with civil codes pertaining
to evictions. Any missing or incorrect information
is grounds for a demurrer. If it is defectiveand
you raise that issue in a pre-trial hearingthen
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).

This service includes assistance with determining

whether additional legal defenses are applicable
to your eviction case that are not proered 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 noncourt 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 legal
defenses not oered by the Legal Self-Help
Center and keep your
apartment for up to 90 days,
rent-deferred,
instead of only
LANDLORD
30 days
SERVES
NOTICE

LANDLORD
FILES
COMPLAINT

OPTIONS

MOTION
TO
QUASH
(+30 DAYS)

DEMURRER
TO
COMPLAINT
(+30 DAYS)

TENANT
FILES
ANSWER
(+30 DAYS)

TENANT
MIGHT FILE
ANSWER
(+30 DAYS)

TRIAL
IN 30 DAYS

TRIAL
IN 90 DAYS

Keep your home longer

Motion to Quash

Relevant law

Demurrer to Complaint

Relevant law

If service of summons
was improper, this
service helps prepare the
requisite legal
documents to delay the
eviction trial.

California Civil Code of

Procedure 1161
(Unlawful Detainer)

If the eviction complaint

does not meet statutory
requirements, this
service helps prepare
the requisite legal
documents to stop the
eviction trial.

California Code of Civil

Procedure 1170

California Civil Code of

Procedure 1162 (Notice
of Service)

California Code of Civil

Procedure 1177,
1005

or avoid losing it altogether

Motion to Quash

Demurrer to Complaint

Once landlords file for an unlawful detainer, they must

serve 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 sucient 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.

Tenants who think their landlords do not have

sucient 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.