Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Citation
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Parent Document
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Jurisdiction
- California (state)
- Effective Date
- 2015-11-23
Other Sections in This Document (25)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
- Borsuk v. Appellate Division of Superior Court, 242 Cal. App. 4th 607 (2015)
Full Text
1,170 charsDISCUSSION
“According to the statutes governing unlawful detainer proceedings, ‘“a
tenant is entitled to a three-day notice to pay rent or quit which may be enforced by
summary legal proceedings ([]§ 1161) but this notice is valid and enforceable only
if the lessor strictly complies with the specifically described notice conditions.
([]§ 1162.)”’ [Citation.] Stated another way, ‘[p]roper service on the lessee of a
valid three-day notice to pay rent or quit is an essential prerequisite to a judgment
declaring a lessor’s right to possession under section 1161, subdivision 2.
[Citations.]’ [Citation.] ‘A lessor must allege and prove proper service of the
requisite notice. [Citations.] Absent evidence the requisite notice was properly
served pursuant to section 1162, no judgment for possession can be obtained.
[Citations.]’ [Citation.]” (Palm Property Investments, LLC v. Yadegar (2011) 194
Cal.App.4th 1419, 1425 (Palm Property); see also Liebovich v. Shahrokhkhany
(1997) 56 Cal.App.4th 511, 513 [“A lessor must strictly comply with the statutorily
mandated requirements for service of a three-day notice to pay rent or quit.
[Citations.]”] (Liebovich).)