Losornio

This case was certified to this court by the Appellate Department of the Superior Court of San Diego County and we transferred it here for the purpose of settling an important question of law: Whether Code of Civil Procedure section 1013 applies to extend the notice periods required before a tenancy may be terminated and an unlawful detainer action initiated. We conclude that the service and notice provisions in the unlawful detainer statutes and section 1013 are mutually exclusive, and thus, section 1013 does not extend the notice periods that are a prerequisite to filing an unlawful detainer action. Accordingly, we reverse the judgment of the municipal court.

Factual and Procedural Background

Carmelo Motta rented an apartment from Pat Losornio pursuant to a month-to-month lease. On August 16, 1997, in accordance with the terms of the lease and Civil Code section 1946, Losornio served Motta with a 30-day notice of termination of tenancy by posting the notice on the premises and mailing it to Motta at the same address pursuant to the service procedures pertaining to unlawful detainer set forth in section 1162, subdivision 3. On September 16, 1997, 31 days later,…