Legal definition of Demurrer
ฝัง
- เผยแพร่เมื่อ 15 ก.พ. 2015
- vondranlegal.com/legal-definit.... [over 695 videos and growing]. Subscribe for new videos: bit.ly/38vXDzk
What is a Demurrer in a lawsuit? The legal definition of Demurrer is an objection to the Complaint pleading filed by a Plaintiff, which challenges the legal sufficiency of the complaint, or any causes of action set forth in the Complaint. There are many different grounds for filing a demurrer and a certain process that must be followed. Attorney Steve Vondran, the business and real estate lawyer, explains the basic ins and outs of Demurrer's in California law.
--------------------------------------------------------------------------------------------------------------------------------
⭕ SUBSCRIBE to EDUCATE YOURSELF on ALL THINGS LAW ⭕
/ attorney. .
--------------------------------------------------------------------------------------------------------------------------------
🔥 Check out my video on WINNING SMALL CLAIMS LAWSUITS here 🔥 www.youtube.com/watch?v=qTUhB...
👨🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨🎓
www.youtube.com/watch?v=8gSE5...
✔️ Get some tips on MEDIATION SUCCESS here ✔️
www.youtube.com/watch?v=E32Ks...
✈️ Watch my video on ULTIMATE DEPOSITION TIPS here ✈️
www.youtube.com/watch?v=eyT0C...
--------------------------------------------------------------------------------------------------------------------------------
💡 Join us on Social Media 💡
LinkedIn: / stevevond. .
Instagram: / attorneysteve
Facebook: / attorneystev. .
Twitter: / stevevondran
--------------------------------------------------------------------------------------------------------------------------------
🖥️ Contact us for a consultation 🖥️
www.vondranlegal.com/contact-us
☎️ Or call us at ☎️
(877) 276-5084
(time permitting - we cannot respond to ALL calls)
☁️ For advertising, promotional, and endorsement opportunities, visit us at ☁️
www.vondranlegal.com/attorney....
(We can help promote your law or legal related or other products)
--------------------------------------------------------------------------------------------------------------------------------
👉🏻 More Important Info! 👈🏻
🎥 Attorney Steve's Setup 🎥
www.vondranlegal.com/my-setup
🕺🏻 Merchandise 🕺🏻
www.vondranlegal.com/merchandise
🌟 Avvo Client Reviews 🌟
www.avvo.com/attorneys/94104-...
🙌🏻 Support us on Patreon 🙌🏻
/ attorneysteve. .
--------------------------------------------------------------------------------------------------------------------------------
🏢 Main Office 🏢
San Francisco Office: www.vondranlegal.com/san-fran...
Other Locations:
Phoenix - Camelback Office: www.vondranlegal.com/phoenix-...
Phoenix - Uptown Office: www.vondranlegal.com/phoenix-...
San Diego Office: www.vondranlegal.com/san-dieg...
Orange County Office: www.vondranlegal.com/orange-c...
Santa Monica Office: www.vondranlegal.com/beverly-...
Copyright Policy Institute Office:
Washington D.C. www.copyrightpolicy.org/
NOTICE: This website is general legal information only and not legal advice. Please do not rely on. Some information may not be accurate. We are licensed in CA and AZ. Check your local rules. Parts of our videos may constitute “fair use” under the copyright laws, if you have an issue, please call us at (877) 276-5084. We are not liable for your use or viewing of our videos. Thanks for watching!
© 2020 Attorney Steve Vondran. All rights reserved. - แนวปฏิบัติและการใช้ชีวิต
this guy is freaking AWESOME!!!! I love it...I'm binging on your youtube videos now
Thank you for this video. Just got served today and learned a lot about demurrer.
currently writing a statement of demurrer against someone trying to file a claim for NIED for my law school paper as a 1L. This was very helpful for me to understand what exactly a statement of demurrer is. Thank you so much!
I know a lot about law but Im learning a ton more here
Knowledge is empowering!! Thanks for watching!
Hi soundman, thanks for the question. I am only licensed to practice law in California and Arizona (where you have both the demurrer and the "motion to dismiss" in AZ). So I can only speak to those two states. Consult with your state bar or google a lawyer in Arkansas. Best of luck to you!!
You are very welcome Tarik - glad you liked our Demurrer video!!
thanks Steve. This is best explanation i have ever got regarding this subject matter.
Glad you liked Nicholas, thanks for the compliment!! Steve
Well done. Thanks you. Many happy returns.
You too, thanks Jack!! SV
Again, live from Hollywood, California - Attorney Steve strikes comprehensive reflection again. YO necessarily Expert Attorney
Hahahaha - love it!! SV
All Star Attorney Steve- voted for genuine intententions, Attorney Steve’s Professors must be proud.
BLESS YOUR HEART STEVE; IM A PRO SE IN US DISTRICT COURT ( GO FIGURE) AGAINST A CITY .
STRUGGLLING 10 HRS A DAY FOR AALMOST 2 YEARS TO FIND ANSWERS, RULES ,FINDINGS, PROCEDURES ETC. AND FINDING THE LAWS ETC TO BE AN ENTIRELY NEW LANGUAGE AND DEFINITIONS UNTO ITSELF. NOW MOST IMPRESSED AND SO VERY THANKFUL FOR YOUR VIDEOS,,, NOW JAN. 2020, WISHING I HAD DISCOVERED YOUR VIDEOS 2 YRS AGO.. ONE HELL OF A VIDEO ... SO VERY CLEAR, DEFINED, EXPLAINED, AND PRESENTED IN LAY TERMS. YOUR CLIENTS MUST BE SO VERY PLEASED... J.J. YORK PA.
Johnny, its people like you that I do this channel for and that keep me going. I consider this part of my professional obligation - to make law more understandable and a chance at justice more accessible to everyone. All the best in 2020! Steve
I have 2 favorite guys I listen to, I don't know if I should make you No 1 but you are the best, I learn so much from you, Just found (Instructions for Civil Rights Claims Under Section 19830
Thanks Frederick, I really appreciate the nice comment!! Its for people like you I do these videos for!! Steve
This is very helpful. Thank you!
Awesome! Wildly helpful! Thank you!
Attorney Steve!!! I just took the essay portion of the Virginia Bar today, and lo and behold there was a question about a demurrer. Your explanation was far superior to that of my Bar Prep's. Bless you! I could not have gotten the question correctly without you, thank you dearly!
AWESOME STORY!!! Thank you! Hope you knock out the bar ticket. Let us know when you do!! Steve
Thanks Steve, keep up the good work.
Will do - keep on moving!! THANKS, STEVE
Thanks a lot! for posting this video w/ lots of information
My pleasure!! Steve
Nice video. Thanks for sharing !!
Thank you for this video, for it's so helpful when someone explains it to me, even if it's with the same vocabulary I've been reading on my own about in trying to understand it for myself, there was just something not clicking but now I have a better idea of deciding and quite frankly ,I think I need to speak to an attorney.... anyhow, thanks again, great video, and much appreciated.
PS - Was that intentional at the end? When you said, "We look happy to talk to you" because it would be pretty humous if it subtly was or was maybe more of a fumbling of the two phrases, "We look forward to talking with you" and "We're happy to talk to you"?
Thank you ! Very helpful for my presentation
Hi Steve, is there any format for a mediation brief in California Law?
The attorney for the defendant filed a demurrer and received a hearing date. I, the plaintiff, has not received a notice of hearing date. Am I required to be notified of the hearing and do I need to attend the hearing. This is a landlord/tenant dispute. Thanks
is it true that 95% of complaints go to settlement hearings prior to jury trial, due to complaint paperwork being sewed up air tight? do you have any examples of that? thanks Steve
Steve you get 100 and 10 stars🎉
If the demurrer is granted does it kill your case?
As a Plaintiff, you want to file a lawsuit that names all of your causes of action (ex. fraud, breach of contract, financial elder abuse, breach of fiduciary duty, etc.. Alll you have to do to plead a good case that SURVIVES DEMURRER is to make sure you are making plausible factual allegations as to each and every element of each and every cause of action. If you can do this, the Desperate defendant demurrer filing party will have a tough road to hoe to knock out your claim. Sometimes the Defendant files a demurrer to act tough, and somethings they think they will win. That being said, if a Plaintiff has their shit together, and can meet and prove all the elements of each cause of action, the Plaintiff will not need to amend the complaint and someone should basically kick the shit out of the demurring party. Use the time to emphasize what a bunch of scum-buckets they Defendant is for filing the demurrer and seek sanations gating them. If they are right, for whatever reason, fight like Muhammad ALi for a chance to amend the compo,aint.
Very intelligent attorney who kicks ass
Steve Vondran I received a Demurr from my tenants would I still get them out did 60 day notice but they not vacated premises and payed no Rent either did a lawsuit against them but know they answer with Demurr
Your awesome Steve 🤘🏽
@@KG-ew5nt Ok so am I just being motioned in this direction because I have a fighting chance in court, due to the problems that have lead me to this point. And does the public defender able to support this type of case load? I am in a tornado of case dockets on different matters and the ladder just appears to be spiraling out of control with supportive public witnesses.
Is small claims court different?
I went to court as a
Defendant in an Unlawful Detainer lawsuit. The landlord did not allege that a breech of
the lease occurred - and my rent was always paid on time… so it was what they
call a “no fault eviction”.
The property in question was
a boat slip (a live aboard boat slip). Live aboard boaters received their mail
in one of two mail rooms located on the property; one located at 220 Marina
Way, and the other at 214 Yacht Club Way.
There was no mail delivery on the docks (or to the boat slips). Mail
boxes and mailbox keys are issued by the property manager (the
Plaintiffs). Hence, the Plaintiffs knew
my proper mailing address because they are the ones who issued me a mailbox and
gave me a key to it.
[Important Note: my mailing address did not specify which boat slip I was in...
It was just 214 Yacht Club Way # 28,
etc. I actually like this as it meant
that evan though a person had your address, they still wouldn’t know where the
boat was, there are about 1000 boats.
When the Plaintiff filed the case and they had to identify the physical
location of the boat slip, they did not use either of the mailroom addresses
with an additional notation such as “214 Yacht Club Way # 28 (Boat Slip R-49)” .. Instead, they used the
address for the rental office - with a Dock Letter and Slip number following
that.. or “208 Yacht Club Way (Slip
R-49)”. The problem is 208 Yacht Club
Way is an address controlled by the Plaintiff’s - the Rental Office. All documents that were supposed to be served
upon me by mail, instead went to the Plaintiff, and the only thing that made it
to my mailbox was the notice of trial and nothing else.
The things i should have received but did not include:
1) the Clerks mailing that lists all the legal aid groups
2) the mailed part of the substituted Service including prejudgement
3)The New General Order notice for Los Angeles that tells about the Hub filing
locations, tells about how to request a jury trial, tells about the mandatory
settlement meeting, etc.
4) Request for Trial
5) Request for default for roommate they called "Jane Doe" but they
knew her true name
6) Request for writ of Possession
The only document that was in my mailbox was the notice of trial which showed
up just a couple days before the trial, and too late to request a jury trial -
of course I didn't know I had to request a jury 5 days in advance as I did not
receive those documents either.
So I went to court expecting a trial, and I thought I could win. I now know I . The problem was that, instead of having a
trial, as I was on notice for, albeit short notice, instead I was Ordered to go
out into the hallway to meet with the attorney for the other party for a
settlement meeting.
At the settlement meeting the Plaintiff's attorney told me that settling was my
only option and so I agreed to a stipulation and judgment, but now I know the
plaintiff's attorney violated his duty of candor because he lied about many
things: He said my affirmative defense did not apply to that type of case - but
that was not true. He also said the
Plaintiff had a right to do no fault evictions. However, my lease said they
could evict only if they had written complaints from 3 neighbors - none were
produced because there weren't any.
So I was rather bamboozled
and frauded and essentially made to agree to a stipulation and judgment when
this was not even the proper type of stipulation to use. If anything it should have been a stipulation
contemplating judgment. Also the opposing
lawyer failed to indicate on the form what would happen to my security deposit.
Hence the “deal” was really not any deal at all because the six weeks of free
rent I thought I was receiving was paid for by them not returning any of my
security deposit.
It is true that when I went
before the Judge that I agreed to the Stipulation and Judgment, though I didn’t
understand what it was. I thought we
were settling out of court. Also I probably
answered some questions from the judge indicating that I had agreed to waive my
rights.
I question the court’s procedure
re: the mandatory settlement meeting that pits an un-represented Defendant up
against a skilled eviction lawyer. Should I have a right to not be lulled into
agreeing to something so blatantly against my self interests?
Also, was it even possible
for me to waive my rights, regardless of my statement in open court where I likely
agreed to waive my rights. Can I show
that even though I may have agreed to waive my rights, there is no posible way
that I could have actually have known what was happening when so many of the
important and informational documents were never received? Some of the documents are mandated by the
state legislature to be put into my hands well before I get to the courthouse. Had any one of the missing documents arrived
in my proper mailbox it would have alerted me to many things such as the 5 days
before trial to request a jury… the default judgment taken on my roommate. Places to find a free attorney… I also would have prepared for the mandatory settlement
meeting.
The judgment was entered
that day, right on the spot… however several days later the Plaintiff sought an
writ of possession (unknown to me), and the court issued it.
At some point I started to
learn more about all the errors. I tried
to bring an ex-parte motion for relief to the trial court. I gave the other side the proper 24 hour
advanced notice by telephone as required.
I filed the moving papers on time, before 11:00am… and I was instructed
to be at the courthouse at 1:30 and that is when my motion would be heard.
Just prior to court
starting, a phone rang in the courtroom and the phone was on speaker so
everyone could her a ladies voice on the phone say she was a secretary for the
Plaintiff , and was callinmg to repport that the lockout had just occurred. At this point the court clerk walked over to
me and told me that there was no longer jurrrisdiction due to the lockout
having just occurred. He said the motion
would be taken off the calander, and then he ordered me rto leave the court
room.
In the minute orders it
says the case was taken off the calander… but in another minute order it says
that the matter was called and that I was present and that the motion was
denied. They kicked me out of the
courtroom before the judge ever took the bench [note it was a pro tem judge and
I never signed anything agreeing to have a pro tem judge]… So I don’t see how
they could do what they did for several reasons - that would pertain to the
motion for relief from the judgment.
What I would like to know is this:
Is there any way to make the argument that the judgment is void due to
the mistakes mentioned earlier relating to the wrong address being used and the
fact that so many important documents were never received.
I filed a Notice of appeal
with the appellate division and my opening brief is now a little bit late but I
believe I have a fairly good explaination as this series of events made me
homeless - I mean I was out on the street and sleeping under the pier for a
couple of weeks anyway, and there were other setbacks such as the Plaintiffs
locked me out of my boat instead of simply removing my boat from the slip, but
they did not have permission to sieze my boat - just reclaim their boat slip…
If the judgment is declared void there should be do time limit.
I would like to know how I
might go about this opening brief
Thank you in advance
If you give me your phone
number I will call you
This is a perfect and clear explanation, thank you
Perfect - YES, thank you!! Steve
The plaintiff filed a complaint, in pro per, for bread of fiduciary duty. He (the plaintiff), personally served the respondent. I know the service should not be done by a party to the lawsuit. How do I proceed? Motion to Quash? Does the respondent have to schedule a hearing when the service of process was improper?
Landlord tenant often has its own rules. Check with your court or google a local landlord tenant lawyer. Good luck!
In California, if a plaintiff does not properly serve a 3 day notice (UD), and/or does not get a court order to "nail and mail", can you demurrer that, before an answer?
is the concept of demurrer to evidence different?
can you file a demurrer in a restraining order case?
Thank-You.
My pleasure!! SV
is a demurr pleading legal in Arkansas ?
New law by CA. Governor Jerry Brown, "You must confer , before you can Demurrer.".
Good call. Its a good law, I like it. Gives lawyers a chance to talk it over. SV
Now you see that's where I have a problem. That makes the noel in void action to a chain of reckless behavior get thrown out of court. Because it makes it seem so petty that you both don't take life serious when sustaining life in realist matters with compassion to the court and of the people.
I need to file a demurrer for being served for complaints about property I don't own. Sounds like my grounds are for Improper Joinder of Parties. Is this a simple task or do I need an attorney right off the bat? Thanks
Grea! Very well explained.
Thank you, glad you liked it!!
Incredible tip at 6:36
I had to go back and listen - yes I agree!!! : )
Does there have to be a hearing before a demurrer is granted? And what's a tentative ruling?
It depends. Here is more information on tentative ruling from an older video I did. th-cam.com/video/iXGV3YKcBu4/w-d-xo.html
Very helpful Steve. I am applying for legal secy position and haven't worked in law for many years. Is there somewhere I can look up California timelines for litigation?
Not sure, I thought I did a video on this.
brilliant
Any advice on someone who has been a defendant since 2001 who now is using the legal system to not serve proper notice while filing frivolous lawsuits : TH-cam "People's Court Business Battle". She submitted a MSJ separate from the separate statement and never served any of the 5 defendants on the case. She has stalked all the members of the case and the judge keeps letting her push back the trial. I am an emergency responder this is only a defamation lawsuit because of a Yelp review I wrote that was removed but she is a vengeful litigant and has not provided discovery document still as she submits her MSJ.
Right down the lines
My tenant filed a demurrer against my unlawful detainer. Most of it is lies, that they weren't served a notice, that they offered rent and we declined it, etc.
One thing is true: I entered the wrong expiration of the notice. This was a bonehead mistake. Is this a big deal?
HI Sorry, I cannot give specific legal advice over the internet per our rules. Check with a local attorney! Good luck!!
Hey Steve what does,
“Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion” means?
Just trying to know the meaning of that. Not seeking legal advice 🙏
How does one overcome the assumption of pro se by the court? Is a demurer a specific form?
Ok it's called a Motion to dismiss. Found in your "How to answer a complaint." Video. Thanks.
Demurred can also apply in criminal cases in some jurisdictions or is demurrer only civil?
Good question, I don't know the ins and outs of criminal law and this could vary by jurisdiction. SV
GOOD STUFF
Thank you, appreciate the nice comment!! Steve
Is a demurrer in California now worth the effort since we now have to confer before we demurrer?
I actually like the confer rule.....helps you better understand parts of your case. SV
Where can we find samples of cause of actions per case?
What types of causes of action are you looking for? Maybe I should do a video on the top 10 causes of action? Steve
Steve Vondran I live in a small SRO residential hotel where I also work part-time, meaning, my landlord is also my employer! Because I have complained about several habitability problems on my building the landlord and it’s building manager have retaliated in several ways. The most recent way being they moved a meth addict next to my unit to use the fumes as a curtain to spray insecticide at night for me to smell! I consider this attempt to murder me! . I have run test for meth and my unit is now hazardous, the environmental gov office will do a test soon also. (I can’t prove insecticide or pesticides all I know for sure it is meth contamination) I want to file a complaint for attempt murder, the stress, the.Malicious Persecution and many other causes of actions as the landlord has been made aware of the situation living and working here and has done little to correct them and prefers retaliation what other causes of action should I use? Any sample complaint I can see online as reference? Thx
When are you giving 🥊 boxing classes.
Are demurrers often granted?
only the ones that have merit!! : )
@@attorneysteve naturally. Supposing you made an error in the pleading what can you do? Do you wait for the demurrer to correct it? Like, for example what if you used the word libel when you should have used slander or defamation? Do you correct it after the demurrer?
Using the wrong word/words can change the whole dynamic of the case. Just one erroneous word can change the entire meaning of the case. Like I used the word libel instead of defamation and now my case is not the same and my cause of action is invalid.
And that's what they are using against me in the demurrer...
In storage I’ll find it
So want to talk to you but can't afford you for my mother's probate case, but this video is 5 years old, are you still involved in this video?
I also wish you could show an example response line for line, like the elements and the order the defendants attorney expects to see in the response from me. Sorry for this but again I am left handed and in my right mind.
🙏🙏🙏🙏
U do best....i got the gold star....ccp
I don't see your phone number ?
What about child support fraud, under title IV-D
Yes fraud indeed sue them in federal court 1983 claim
I love you
Mecklenburg county Ok
DO YOU DO INDIVIDUALS WHO ARE BEING SUED OR JUST COMPANIES? DO YOU OFFER FLAT RATE FEE? I NOTICED U SAID YOU DO BAD FAITH STUFF. I WANT TO SUE MY BLUE CROSS BLUE SHIELD OF CALIFORNIA POSSIBLY. I WANT TO KNOW IF THE STATUTE IS UP. THANKS I WANT TO SUE THEM BASED ON DECEPTIVE PRACTICES AND INADEQUATE COMPENSATION AGANST CLAIM FILED. THANKS
#nikkobriteramos