California, United States of America
The following excerpt is from Borsuk v. Superior Court of Cnty. of L.A., 190 Cal.Rptr.3d 529, 238 Cal.App.4th Supp. 1 (Cal. Super. 2015):
In 1983, the motion to quash was judicially redefined for unlawful detainer cases. (See Delta, supra, 146 Cal.App.3d at pp. 10341037, 194 Cal.Rptr. 685.) The requirement that a tenant be properly served with a three-day notice to quit has taken on the role of not only an element in the action but also a prerequisite to obtaining personal jurisdiction over the tenant. (See ibid. ) The apparent thought process behind cloaking the notice requirement with jurisdictional ramifications is this: if there is no valid three-day notice, the summons corresponding to the complaint is necessarily invalid because the truncated time for an answer provided therein is conditioned on a valid three-day notice. Following this logic, a tenant served with an unlawful detainer complaint may, like petitioner, file a Delta motion to quash the summons on the ground that the three-day notice was not properly served. Delta has created confusion and uncertainty among some practitioners ... because the requirement of a properly served three-day notice is an element of an unlawful detainer action and it is normally a demurrer (as opposed to a motion to quash) that tests the sufficiency of the complaint. (Parsons v. Superior Court (2007) 149 Cal.App.4th Supp. 1, 5, 58 Cal.Rptr.3d 48.)
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