Delta Imports, Inc. v. Municipal Court

Opinion

JOHNSON, J.

This appeal raises the issue of whether a tenant in an unlawful detainer action is entitled to quash service of summons where the underlying complaint fails to state a cause of action for unlawful detainer. Under the circumstances of this case, we hold in the affirmative and direct the superior court to issue a peremptory writ of mandate ordering the municipal court to quash the summons.

I. Facts and Proceedings Below

George L. Missimer, dba G & G Properties, (hereinafter landlord) brought an action for unlawful detainer against his tenants, Delta Imports, Inc. and Diana Lu…