Legal Question in Civil Litigation in California

First, take a look at the procedural aspects of the case. For example, you were served with the three day notice by posting and mailing, which is generally OK, but how were you served with the Summons and Complaint? A court order is necessary to serve that document by posting and mailing. Sometimes, landlords forget to get the order.

Second, a demurrer is not the way to challenge the service of the 3-day notice. That issue can be brought up at the trial, as a defense. You can also bring up the issue by filing pre-trial motions. For example, you can challenge the service of the Summons with a motion to quash service, or you can litigate the propriety of the lawsuit with a motion for summary judgment. Either of these motions require a knowledge of the law and legal writing. An attorney can do them, but they can be expensive. This expense would be bad for you, but also bad for the landlord. Sometimes, an aggressive defense gets a landlord to back down.

Substantively, you have a tough case. Rent is due when rent is due, and you were late. One common clause in residential leases is a grace period. Check your lease. Often, there is a provision that rent is due on the first of the month, but the tenant is not deemed in default until a later date, such as the 5th or 10th of the month. Sometimes, people overlook this provision as "boilerplate." I suggest that you check your lease, carefully.

Mr. Saltzman gives you very good advice. Did you, during the period of the three day notice, tendered the rent payment to the landlord? Did the landlord accept any payment from you so that the three day notice is defective? If you made payment of any o f the rent, so that the sum mentioned in the three day notice is wrong, the the notice is defective.