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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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I was served with a summons for an eviction notice and the

Customer Question

Hi- I was served with a summons for an eviction notice and the certification from the process server states that I was served on Aug 20 when in fact I wasn't served until Sept 21
JA: What state are you in? It matters because laws vary by location.
Customer: Ca
JA: Has anything been filed or reported?
Customer: Not yet. I'm trying to figure out how to file a motion to quash but am in a bit over my head
JA: Anything else you want the lawyer to know before I connect you?
Customer: Today is the 5th & last day I have to respond 😌
Submitted: 16 days ago.
Category: Legal
Customer: replied 16 days ago.
Just a few more variables that might impact the route to take.
After we were served the 3 day notice, I made payment but the check didn't clear. I have all of the money now & have pleaded with the landlord to accept it because I don't want to move. My roommate has a 10 yr old child, they've been in the house for 4 years and have had about 4 x the rent was late. Neither of us have family here and essentially would be homeless if this were to go thru so we'd ultimately like to reach a settlement but the ll is kind of... well, he's old & a bit cranky
He agreed to take our money but we were told that he would only accept the full amount due which now was 2 months of rent. we were a few hundred short so he refused the money
Expert:  CalAttorney2 replied 16 days ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 16 days ago.

Dear Customer,

If you were served Sept. 21, you have 5 days to respond (so Sept. 26 is the last day to file something).

However, if the landlord has not yet filed a request for entry of default, you can still get a responsive pleading in on time.

The California Courts have an excellent website that walks you through the entire process and gives you all of the forms you need to present your defense. You can find that here:

Unfortunately if the basis for the eviction is non-payment of rent, and you did not pay the full amount of rent due within the 3 days, the landlord has no obligation to accept your rent now (even if you offered 100%). The court may "encourage" the landlord to enter into a settlement with you - but again, the landlord is not required to do so.

If you do not have the full amount due, and there is a history of non-payment or late payment - the landlord's incentive to settle is greatly reduced.

If you find that you are evicted - despite filing an answer, delaying the matter through a trial, and offering a settlement - contact your local (county) housing authority, advise them that you have been evicted and they will place you at the top of their housing list (particularly your roommate with the minor child).

Customer: replied 16 days ago.
Thank you. We were actually served the summons on 10-4-16. The 3 day pay or quit was served on Sept 21.
I'm trying to file a motion to quash service of summons for improper filing but since its a pleading(?) I haven't been able to find a template with wording that makes sense in our case
As for paying late... 4x in 4 years didn't seem too bad to me but its all relative I suppose
So my question is motion to quash or demurrer?
And thank you
Expert:  CalAttorney2 replied 16 days ago.

Dear Customer,

Is the issue with the service of the 3 day notice (in which case you file your answer then dispute the notice at the hearing)


Is the issue with the service of the summons and complaint of the UD (in which case you can file a "motion to quash" - but this is a strategy call as to whether it is best to file the motion to quash or simply file an answer and dispute the matter on its merits - up to you, but UD actions usually don't call for a lot of motion practice particularly if you are able to file your answer in a timely manner (meaning the improper service is not denying you due process to dispute the landlord's eviction)).

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