For help with your Eviction: Call the Eviction Relief Helpline at 877-204-2233. They will review your case, evaluate your options, and then set you up to keep you in your home as long as possible.
A Writ Of Mandate is a mini appeal and it reviews an improper ruling by the trial court in a motion to quash proceeding.
If the court exceeds its' jurisdiction if it rules contrary to directions contained in a statute.
When a defendant moves the trial court to quash a service of summons the plaintiff now has the burden of providing proper service.
If the motion is successful, the landlord must re-serve the lawsuit correctly. If the motion fails, it still delays the eviction 30 to 60 days which allows you to stay in your home
An eviction defendant is authorized to used a demurrer in lieu of filing an answer to the complaint.
A Demurrer a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant.
If the demurrer is successful the landlord must re-serve the lawsuit correctly
If the demurrer fails, it still delays the eviction by approximately 30 days to keep you in your home