Stancil v. Superior CourtAnnotate this Case
The Supreme Court held that a motion to quash service of summons is not the proper remedy to test whether a complaint states a cause of action for unlawful detainer.
Landlord, the City of Redwood City, filed a complaint in unlawful detainer against Tenant. In response, Tenant filed a motion to quash service of summons, relying on Delta Imports Inc. v. Municipal Court, 146 Cal.App.3d 1033 (1983) to argue that a motion to quash service is the only method by which the defendant can test whether the complaint states a cause of action for unlawful detainer. The superior court concluded that Tenant improperly lodged his motion to quash. Tenant filed a petition for writ of mandate and prohibition challenging the superior court's order. The court of appeal denied the motion. The Supreme Court affirmed, holding that the superior court correctly found that Tenant's motion to quash was not the proper procedure to argue that the City was not a proper plaintiff.