With the recent Borsuk decision, a divided Second District left an open question in the appellate courts about whether a tenant could challenge the sufficiency of an unlawful detainer complaint with a motion to quash. San Francisco’s Housing Court has already begun demonstrating its approval of the rationale in Borsuk. Given how often defendants file writ petitions challenging the denial of these motions, it seems that it will only be a matter of time before the First District establishes its own rule for the now-endangered Delta Motion.
