Buck v. Morrossis

In Buck v. Morrossis (1952) 114 Cal.App.2d 461, 464, the appellate court found that the demurrer was filed for a dilatory purpose; that is, so that the defendant/tenant could avoid the speediness of the unlawful detainer procedure and gain more time in unlawful possession of the rental property. Thus, the demurrer was a sham, frivolous pleading, and the appellate court affirmed the trial court's exercise of discretion in striking the defendant's late-filed demurrer in an unlawful detainer action. (Id. at p. 465.)