California Court of Appeal

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Borsuk v. Superior Court (LA Hillcreste Apartments), 265613

In an unlawful detainer action between landlord and tenant, the Appellate Division of the Los Angeles Superior Court is reversed and the court held that a tenant may not challenge for defective service a three-day notice to pay rent or quit summons in an unlawful detainer action using a motion to quash service of summons because proper service is an element of the cause of action. The court expressly disagreed with Delta Imports, Inc. v. Municipal Court, 146 Cal. App.3d 1033 (1983), and concluded that a three notice was not jurisdictional to an unlawful detainer action.

Appellate Information

  • Decided
  • Published 2015/11/23

Judges

  • WILLHITE

Court

  • California Court of Appeal

Counsel