Legal Question in Real Estate Law in California

What is a Quash or Quashi ,and how does it benifit the tenant?

What is A Quash, or Quashi? And how does the tenant benifit from this action?


Asked on 4/10/01, 3:26 pm

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: What is a Quash or Quashi ,and how does it benifit the tenant?

The only legal context in which the term "Quash" is familiar to me is when a defendant in a lawsuit claims that he or she hasn't been properly served. That is, at the outset of the lawsuit, the plaintiff, the person making the claims in the lawsuit, has to have a copy of the lawsuit papers (the Summons and Complaint) delivered personally to the person being sued, the defendant. If the defendant becomes aware of the lawsuit but believes that the personal delivery of the Summons and Complaint were not done correctly, the defendant may ask the court to "Quash" service. In most cases, all this does is postpone the inevitable by making the plaintiff re-serve the defendant with the papers. In the landlord-tenant context, time is tight, so I suppose the delay could be of substantial benefit to the tenant, win or lose the motion to quash.

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Answered on 6/08/01, 2:06 pm


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