Motion to Quash Cannot Be Used To Challenge Service of Three Day Notice to Pay Rent or Quit

On November 23, 2015, the California Court of Appeal held that a residential tenant could not use motion to quash summons in unlawful detainer action to challenge the alleged defective service of a three-day notice to pay rent or quit.  As compared to service of summons, by which the court acquires personal jurisdiction, service of the three-day notice is not jurisdictional.  Rather, it is merely an element of an unlawful detainer cause of action that must be alleged and proven for the landlord to acquire possession. (Borsuk v. Appellate Division of the Superior Court (2015) 242 Cal.App.4th 607)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

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December 6, 2015 | Landlord-Tenant Law |