Legal Question in Landlord & Tenant Law in California

MY LANDLORD SERVED ME AN UNLAWFUL DETAINER , I'VE FILED MY RESPONSE, HOWEVER I WOULD LIKE TO FILE A MOTION TO QUASH SUMMONS AS A THREE DAY NOTICE WAS NEVER POSTED, OR SERVED, AND I RECEIVED IT BY MAIL 2 DAYS AGO, THE SUMMONS AND COMPLAINT WAS NOT PRO, PERLY SERVED AS SHE ROLLED IT UP AND STUCK IT IN THE FENCE NEVER SERVING ANY PERSON, AND THE REQUEST FOR TRIAL WAS SERVED AND I PAID THE BALANCE OF THE POSTAGE TO SERVE MYSELF. HOW DO i RAISE THEESE FACTS TO THE COURT?


Asked on 5/26/13, 3:03 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

It sounds like you filed an answer. You cannot file a motion to quash the service of the complaint at this point because you waived that objection when you filed an answer. The proper service of the three day notice (or lack thereof) can be raised in an answer an the court will decide the issue at trial.

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Answered on 7/01/13, 11:03 am


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