Borsuk v. Appellate Division, the long-awaited reconsideration of the “Delta Motion”, led to a split of authority in the Second District Court of Appeals, allowing lower courts in California some latitude in evaluating jurisdictional challenges (i.e., motions to quash) to take the form of “mini trials”, requiring a landlord to prove up a cause of action for unlawful detainer before the tenant had even answered.
San Francisco’s Housing Court immediately took up the opportunity to deny these Delta motions to quash on procedural grounds. For now, it has the approval of the Appellate Division.
