Judge: Elaine W. Mandel, Case: 23SMCV04805, Date: 2023-11-16 Tentative Ruling

Case Number: 23SMCV04805    Hearing Date: March 21, 2024    Dept: P

Tentative Ruling

Alathel Real Estate Investment v. Ann Turkel, Case No. 23SMCV04805

Hearing Date March 21, 2024

Defendant Ann Turkel’s Motion to Quash Service of Summons

In this unlawful detainer action defendant Turkel moves to quash service of summons.

Turkel cites Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033, 1035 for the principle that a motion to quash –rather than a demurrer - is the proper vehicle to challenge a defective complaint for unlawful detainer. Turkel argues if the complaint does not state a cause of action for unlawful detainer, then, under Delta, the summons with an expedited five-day period to respond is ineffective, and the court lacks jurisdiction.

She argues the unlawful detainer claim fails because “[m]ere expiration of lease is not just-cause under the Tenant Protection Act,” so the summons did not confer jurisdiction upon the court.

The underlying unlawful detainer action is properly pleaded. The first amended complaint is not based on “mere expiration of lease,” but on failure to pay rent, which constitutes just cause under the Tenant Protection Act. FAC ¶19. The court has jurisdiction under Delta. DENIED.

Defendant to answer within 5 court days.