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.]
Extrinsic Evidence Considered In Motion To Quash.
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 […]
Strict Compliance With Three-Day Pay Rent Or Quit Notice In Unlawful Detainer Action Required.
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 […]
Lease Survives 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, […]
Court Did Not Exercise Its Discretion To Relieve A Tenant From Default In Unlawful Detainer Action.
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 […]