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

Asked over 1 year ago - Concord, CA

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. Frank Wei-Hong Chen

    Contributor Level 20

    7

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    Best Answer
    chosen by asker

    Answered . 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... more
  2. Thomas Anthony Schaeffer

    Contributor Level 14

    8

    Lawyers agree

    Answered . 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.... more
  3. Kevin Lewis King

    Contributor Level 14

    6

    Lawyers agree

    Answered . 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 ESSENTIAL LAW SERVICES. The information presented... more
  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . 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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