Borsuk v. Appellate DivisionAnnotate this Case
LA Hillcreste filed a complaint in an unlawful detainer seeking to evict petitioner for the alleged non-payment of rent. The court subsequently ordered the case transferred from the Appellate Division under California Rules of Court, rule 8.1008. At issue is whether petitioner 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, Code Civ. Proc., 1159-1179a. The court concluded that petitioner may not challenge the allegedly defective service of the three-day notice via a motion to quash service of summons because the three-day notice is an element of an unlawful detainer action. In so holding, the court disagreed with the broad language of Delta Imports, Inc. v. Municipal Court, which held that a motion to quash service is the only method to challenge whether a complaint states a cause of action for unlawful detainer. The court denied the petition for writ of mandate.