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Lesson 6:
Pretrial Through Postrial Procedures

 

 


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§6.14 Review

1. The hearing date for a demurrer in a UD action must be set as follows:

a. Within 10 days after filing.
b. At least 16 court days after filing, increased by 5 calendar days if the place of mailing and address are both in California, but not more than 35 days after filing.
c. At least 3 and not more than 7 days after filing.

2. An unsatisfied litigant may challenge your ruling on which of the following procedures by petitioning for a writ of mandate?

a. Motion to quash.
b. Demurrer.
c. Motion for summary judgment.
d. None of the above.

3. At the trial of a UD action the defendant points out that the complaint on its face overstates the amount of rent due. The defendant requests a judgment on the pleadings. How do you rule?

a. Motion denied.
b. Motion granted.
c. either of the above.

4. At the UD trial, the defendant has the burden of proving that he or she was not properly served with a notice of termination.

True
False

5. If the plaintiff prevails in a UD action based on nonpayment of rent, which of the following is not a proper element of the plaintiff’s judgment?

a. Writ of possession.
b. Prejudgment interest on reasonable rental value.
c. Rent due.

6. Tina Tenant lost at trial on a UD action. She immediately filed a petition for bankruptcy and gave notice to Lucy Landlord. Landlord cannot successfully execute a writ of possession unless she gets relief from the bankruptcy court.

True
False
 

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