Foster v. Williams case reversing unlawful detainer Judgment in California

The case of Foster v. Williams recently decided by the Appellate Division of the Superior Court in Los Angeles County, California is the topic of this blog post.  The decision in this case which was filed on September 9, 2014 has been certified for publication.  The decision reversed the judgment entered against the defendant Keith Williams and one of the grounds was that it failed to specify the physical address where rent had to be paid, instead listing only a name and directing the tenant to pay the rent online at www.erentpayment.com.

The slip opinion at page 2 states that the judgment was reversed because “The three-day notice did not comply with Code of Civil Procedure section 1161, (erroneously listed as 1162 in the slip opinion) subdivision (2)’s requirement that the notice provide the “address of the person to whom the rent payment shall be made” because the notice listed a uniform resource locator (URL) address, as opposed to the address of a physical place where the rent had to be paid. The notice also did not comply with Code of Civil Procedure section 1161, (erroneously listed as 1162 in the slip opinion) subdivision (2), because it failed to state that payment could be made pursuant to a previously established electronic funds transfer procedure.”

The opinion at page 2 states regarding the three-day notice at issue that “Plaintiff’s unlawful detainer action proceeded to trial based on a three-day notice to pay rent or quit. The three-day notice indicated it was served on defendant on June 24, 2013, and required him to pay $1,350 in rent for the month of June 2013. The notice also provided, “Your rent payment should be made payable to: Guest House Management and payment shall be delivered to: [¶] Name: Rick at the following address: www.erentpayment.com,” and listed a telephone number. On the day set for trial, defendant made an oral motion arguing the three-day notice was defective because it included a “web address” instead of a “physical address.” The court denied the motion, determining Code of Civil Procedure section 1161, subdivision (2), did not specifically require a physical address to be listed, and a “web address” constituted an “address” under the statute.”

The Appellate Division decision then went to discuss in detail the reasons for the requirements of a three-day notice under Code of Civil Procedure section 1161, subdivision (2) and on pages 3 and 4 of the slip opinion states in part that, “A judgment must be reversed when it is based on a three-day notice which lacks the information required by Code of Civil Procedure section 1161, subdivision (2).”

I have seen many three-day notices as I have been working in California and Federal litigation since 1995 and prior to that I worked in both commercial and residential property management for several years. 

This case is just one more reason that any California tenant who is served with a three-day notice to pay rent or quit should closely examine the notice to determine if it meets the requirements discussed in this blog post. If the three-day notice is defective than a demurer can be filed objecting to the complaint on the grounds that the three-day notice is defective or the defective notice can be raised as an affirmative defense in the answer.

Attorneys or parties in California who would like to view a portion of an 11 page sample demurrer to an unlawful detainer (eviction) complaint in California objecting to the complaint on several grounds, including that the three-day notice is defective, with memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail sold by the author can use the link shown below.

Sample demurrer to eviction complaint in California

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.