Parsons

Joseph Louis Lemon; DeMartini & Walker and Vincent DeMartini, San Rafael, for Real Party in Interest.

JOHN A. SUTRO, JR., Presiding Judge.

This petition for writ of mandate is taken by defendants and petitioners Barbara and Gilman Parsons (hereafter defendants) from respondent trial court's denial of their motion to quash service of summons in an unlawful detainer action involving a houseboat lease that has been brought against them by plaintiff and real party in interest The Arques. Shipyard Management Co. LLC (hereafter plaintiff). Contrary to the trial court's ruling denying their motion on procedural grounds, defendants contend that Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033 , 194 Cal.Rptr. 685 supports the use of a motion to quash service of summons to challenge an unlawful detainer complaint that fails to allege compliance with applicable prefiling notice requirements. Requiring them to demur would result in their waiving the very thing that they were challenging, namely personal jurisdiction over them.

Briefly stated, the facts show that, on June 22, 2006, plaintiff landlord served defendants, owners of a houseboat, with a 30-day notice to…