Here, in denying the defendant’s motion to quash service of the summons, the trial court directed the defendant to answer (and implicitly not demur) within 5 days, and then entered defendant’s default after she had filed a demurrer rather than an answer within the allotted time. The default was in error. The Code of Civil Procedure grants a defendant the right to answer or demur. The court lacks the power to restrict that choice.
Los Angeles Superior Court, Appellate Division (Riciardulli, J.); October 16, 2017; 2017 WL 4839062.