Liebovich

Introduction

Kamyar Shahrokhkhany (defendant) appeals from the judgment in favor of his landlord, Ted Liebovich, as trustee of the Liebovich 1984 Trust (plaintiff), in this unlawful detainer action. Defendant operated a newsstand on property leased from plaintiff. He was served with a three-day notice to pay rent or quit by certified mail. Defendant denied he ever received the notice. We conclude as follows: There was no substantial evidence defendant was properly served; Code of Civil Procedure section 1162 does not authorize service of a three-day notice to pay rent or quit by mail alone, certified or otherwise; therefore, even if there was substantial evidence the notice was served by certified mail (a question we need not decide), there was no proof of compliance with section 1162; and the decisional authority on which plaintiff relies—holding a party’s acknowledgment or admission notice was received by mail amounts to personal delivery—is inapplicable to this case in which defendant denied, in his answer and at trial, he had received the document. Therefore, the judgment must be reversed.

Discussion

Proper service on the lessee of a valid three-day notice to pay…