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Hi my landlord lost his summons and complaint . Because I won the motion to quash service of summons

Concord, CA |
Filed under: Litigation

And my landlord posted a new 30day notice then day later he mailed me a 3 day notice to pay rent . Now my landlord hired a attorney after he lost in court can he still evict me even though the 30 days hasn't expert yet

Attorney Answers 4


  1. Best answer

    Yes, just because you successfully quashed service of the summons, it doesn't mean you can't be evicted. Your landlord can still evict you in one of several ways. He could properly re-serve the original summons and complaint. He could re-file a new unlawful detainer complaint based upon a 3 day notice to pay rent or quit. Or he could wait until the 30 days expires and file a new unlawful detainer complaint based on the 30 day notice of termination.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. So you won and the LL lost. Now the clock starts over and he seems like he is trying to cover all his bases by giving a 3 day and a 30 day. I believe he is within his rights to go through with the 3-day route rather than wait the 30 days.

    Good luck

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


  3. To answer your comment question, once the notice period expires and you have not either paid or moved out, he will file another Unlawful Detainer action, to which you should file an Answer or, if the circumstances are right, a demurrer or another Motion to Quash service.

    Kevin King, Attorney at <a href="HTTP://ESSENTIALAW.COM">ESSENTIAL LAW SERVICES</a>. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or other qualified legal counsel.


  4. He can try to bring another UD upon the exipration of the notice period. You can then assert whatever arguments you wish to make in response to the complaint. Perhaps you can try to negotiate a resolution out of court. Anyway good luck and perhaps getting some legal advice would be helpful.

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