Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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Substantial compliance has been approved as a defense to a notice to quit based on an
incurable breach of a rental agreement. (See Roth v. Morton’s Chefs Servs. (1985) 173
Cal.App.3d 380, 385, 387.) But the eviction in this case was based on a three-day notice to
perform or quit under Code of Civil Procedure section 1161, subdivision (3). Given the
statutory basis of unlawful detainer law, parties must comply with the statutes, including the
time periods specified therein, with exactitude. (See Kwok v. Bergren (1982) 130 Cal.App.3d
596, 599-600.) Defendant has cited no authority which would excuse his failure to comply
with the statute’s three-day notice provision by performing within seven days. 2. Retaliation

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