What is the appellant's argument that the court abused its discretion in denying him leave to answer to the petition?

California, United States of America


The following excerpt is from Maas v. Municipal Court, 175 Cal.App.3d 601, 221 Cal.Rptr. 245 (Cal. App. 1985):

Next, appellant contends that the court abused its discretion in denying his motion to be permitted to file an answer to the petition. The argument is unpersuasive. The trial court had discretion to grant or deny leave to answer after return by demurrer alone. (Rhyne v. Municipal Court (1980) 113 Cal.App.3d 807, 816-819, 170 Cal.Rptr. 312.) Appellant does not argue that the court's ruling foreclosed him from presenting any defenses, meritorious or otherwise; he shows no prejudice arising from denial of the request to file an answer. He has not established any abuse of discretion.

[175 Cal.App.3d 606]

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