I received a 3 day pay or quit notice that was dated March 21st. The notice stated the amount due is for March 1 to March 30 and April 1 thru April 4th. Can I file a quash because of a defective 3 day pay or quit based on the date of the notice? It is asking for rent due in April, but the date on the notice is March 21st.
Yes, if you have been served with a summons and complaint for unlawful detainer, you can file a motion to quash service of summons on this basis. A motion to quash is used to challenge the court's personal jurisdiction over the moving party. (Code of Civil Procedure sections 1167.4, 418.10.)
The courts have held that the "only" acceptable procedure to test whether a complaint states a cause of action supporting a five day summons is a motion to quash. (Greener v. Workers' Compensation Appeals Bd. (1993) 6 Cal.4th 1028, 1036.)
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
A motion to quash can be filed as your first pleading to the unlawful detainer complaint. Contact a local lawyer because unlawful detainers are very quick proceedings since they are summary in nature and they are highly technical. Good luck.
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