Judge: Elaine W. Mandel, Case: 22SMCV01005, Date: 2022-08-25 Tentative Ruling

Case Number: 22SMCV01005    Hearing Date: August 25, 2022    Dept: P

Tentative Ruling
Sequoia Shores, LLC v. 2435 Main Street, LLC, Case No. 22SMCV01005
Hearing Date August 25, 2022
Defendant 2435 Main Street, LLC’s Motion to Quash Summons & Complaint

In this unlawful detainer action defendant 2435 Main Street, LLC moves to quash the summons and complaint.

A motion to quash is the proper method for determining whether a court has acquired personal jurisdiction through service of a five-day unlawful detainer summons. Castle Park No. 5 v. Katherine (1979) 91 Cal.App.3d Supp. 5, 8, fn. 1. If a landlord serves a three-day notice to pay rent or quit by leaving it with a person of suitable age, a copy must then be mailed to the tenant at the property address. Cal. Code of Civ. Proc. §1162(b).

Main Street moves to quash, arguing the summons is defective because the complaint does not explicitly allege Sequoia Shores mailed Main Street a copy of the three-day-notice. The complaint includes and incorporates a proof of service stating the three-day-notice was mailed to Main Street’s address. This suffices as an allegation that the three-day notice was served according to the statute. Additionally, the motion does not identify any other address where the notice should allegedly have been mailed, and it provides no judicially noticeable evidence that the proof of service is incorrect. DENIED.