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DELTA IMPORTS, INC. v. MUNICIPAL COURT

Docket No. 68265.

146 Cal.App.3d 1033 (1983)

194 Cal. Rptr. 685

DELTA IMPORTS, INC., et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; GEORGE L. MISSIMER, Real Party in Interest and Respondent.

Court of Appeals of California, Second District, Division Seven.

September 12, 1983.

Attorney(s) appearing for the Case

COUNSEL

Eugene Y.C. Lu for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Risley & Associates and Gordon J. Zuiderweg for Real Party in Interest and Respondent.

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...

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