Highland Plastics, Inc. v. Enders

SAETA, J., Dissenting.

My colleagues have decided that Code of Civil Procedure, section 1013, subdivision (a) (hereafter section 1013) does *Supp. 14not apply to notices terminating tenancies given under Civil Code, section 1946 (hereafter section 1946). I disagree with that conclusion. We all agree that if section 1013 applied, the lawsuit here was prematurely brought.

The 30-day notice was served by posting the notice on the premises and mailing a copy to the defendant. The action was commenced by the filing of the complaint on the 35th day after the mailing and posting of the notice. Section…