Legal Question in Landlord & Tenant Law in California

motion to squash summons

can the landlord file an unlawful detainer before the given 30-day notice? and should i file a motion to quash service?


Asked on 5/07/09, 11:59 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: motion to squash summons

It wouldn't be a motion to quash service (unless you weren't served), but rather a demurrer or motion for summary judgment.

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Answered on 5/08/09, 12:37 am
George Shers Law Offices of Georges H. Shers

Re: motion to squash summons

If the filing is based upon a three day notice to quit or pay rent, the landlord does not have to wait thirty days to file suit.

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Answered on 5/08/09, 2:11 am


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