What to do about a summons for an unlawful detainer?
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What to do about a summons for an unlawful detainer?
I was served an unlawful detainer that was left on my door 4 days ago. They put my husband and I on it but my name is not right. It was not due to rent issues but rather subleasing the place illegally. In the summons they show my husband and i as signing the lease last year but we did not and other issues are clear with summons. Do I file a motion to quash based on the service. My concern is if I file a motion to quash will it hurt me to file a demurrer after to challenge the causes? Also, the issue with the name, is that an issue for motion to quash or for the demurrerl; the name was wrong on the 3 day notice and summons?
Asked on July 18, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written with respect to the summons and complaint for the unlawful detainer that was left on your door, proper service was not made.
If so, then you have the option to immediately file a motion to strike and quash service as well as a demurrer to the summons and complaint after the motion to strike and quash is heard. Filing the motion to strike/quash will not per se harm your intent to file the demurrer.
I suggest that you consult with a landlord tenant attorney to assist you in your matter. The wrong name on the pleadings would be a basis for the demurrer, i.e. misjoinder of parties.
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