Should I file a Motion to Quash if I was out of town and person there feeding pets was served while walking to his car?

Asked over 1 year ago - Antioch, CA

I didn't return until 4 days later. Is this a reason to file Motion to Quash?. Also, daughters name is on the UD and she moved out a month ago ..I didn't want her on the lease..upon move in I explained to landlord that daughter would be moving to her own place soon and wouldn't be responsible for any of the rent. Landlord insisted on adding her to lease. I notified landlord when she moved out in Dec...via email which is our usual means of communication. Is this a reason to file Motion to Quash? I have copies of sent email.

And last...how long do I have to file a Motion to Quash and what is the process?

Thank you!.

Attorney answers (4)

  1. Adrienne Patricia Allen

    Contributor Level 15

    7

    Lawyers agree

    1

    Answered . You can file a Motion To Quash service however this would only delay the inevitable. The landlord will just re-serve you. You may want to invest your time and energy fighting the UD, getting your daughter out of the case, and/or settle with the landlord. There are not sufficient facts here about the UD itself to advise you further. You may want to consult with a UD attorney. I have added Lndlord / Tenant to your categories. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. James Carl Eschen III

    Contributor Level 16

    5

    Lawyers agree

    Answered . The presence of your daughter is not a good reason to move to quash. Your landlord wanted two people responsible for the rent. Unless someone has taken her place with his permission or knowledge, she is still liable for the rent. She should file her own answer stating that she is no longer in possession of the premises.

    Service must be on a "competent member of the household." As Ms. Allen states, you only want to move to quash if you are already in default. Otherwise, call the landlord or attorney and set a date for your answer.

  3. Constantine D. Buzunis

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . I agree with Attorney Allen on this issue. It may also drive up the court costs the landlord will be entitled to recover if they prevail.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should get an answer filed before a default is entered. See an eviction defense atty asap. If daughter is on lease, she needs to be evicted. If you have letter/email from LL agreeing to remove her from lease when she left, then she shouldnt be on the UD.

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