Werner v. Sargeant

This is an action for unlawful detainer based on nonpayment of rent. The trial court entered a summary judgment against the defendant for restitution of the premises and for $2,400 for unpaid rent.

After the complaint was filed defendant demurred and, after the demurrer was overruled, answered, setting up several defenses. A motion to strike the major portions of this answer was granted on the ground that the stricken defenses could not be asserted in an unlawful detainer action. Thereafter, plaintiff moved to strike the remaining portions of the answer as sham and for a summary judgment,…