The Mellor Law Firm, APLC

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No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.

January 5, 2016 by

The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]

Filed Under: Appellate Law News, Landlord Tenant Law News, Legal News, Unlawful Detainer Law News Tagged With: §§ 1159-1179a, 146 Cal.App.3d 1033, 194 Cal.Rptr. 685, 242 Cal.App.4th 607, Civ.Proc., Civ.Proc. §§ 1159-1179a, Code of Civil Procedure sections 1159-1179a, sections 1159-1179a

Extrinsic Evidence Considered In Motion To Quash.

September 30, 2015 by

In an unlawful detainer action in which the defendant filed a motion to quash contending she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. She included evidence the notice was left on the ground in an unmarked envelope on the side of her apartment […]

Filed Under: Appellate Law News, Evidentiary Law News, Legal News, Procedural Law News, Unlawful Detainer Law News Tagged With: 190 Cal.Rptr.3d 529, 238 Cal.App.4th Supp. 1

Strict Compliance With Three-Day Pay Rent Or Quit Notice In Unlawful Detainer Action Required.

November 19, 2014 by Leave a Comment

In an unlawful detainer action, the defendant argued the three-day notice to pay rent or quit was defective because it gave a web address, but not a physical address where the rent should be paid. The trial court determined Code of Civil Procedure section 1161(2) did not specifically require a physical address to be listed […]

Filed Under: Appellate Law News, Legal News, Procedural Law News, Unlawful Detainer Law News

Lease Survives Foreclosure.

March 20, 2014 by Leave a Comment

Foreclosure

Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, General Legal Information Law News, Landlord Tenant Law News, Legal News, Real Estate Education, Unlawful Detainer Law News

Court Did Not Exercise Its Discretion To Relieve A Tenant From Default In Unlawful Detainer Action.

March 19, 2014 by Leave a Comment

A landlord filed an unlawful detainer complaint against a tenant who didn’t pay the rent. A default and default judgment were entered against the defendant tenant. The defendant/tenant brought a motion to set aside the default pursuant to Code of Civil Procedure sections 473 and 473.5, claiming he was not personally served with the complaint as […]

Filed Under: Appellate Law News, Legal News, Procedural Law News, Unlawful Detainer Law News

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Recent News

5 Questions to Ask Before Hiring a Real Estate Lawyer

June 6, 2022 By Mark Mellor

Are you in the process of buying or selling a home? If so, then you may need to hire a real estate lawyer. While there are many lawyers who practice real estate law, not all of them are created equal. You need to find one that has the experience and qualifications that you … Read More...

Legal Options for Bankruptcy

May 31, 2022 By Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for … Read More...

Are You Dealing With a Breach of Contract?

May 17, 2022 By Mark Mellor

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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