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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)

Citation
Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Parent Document
Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Jurisdiction
California (state)
Effective Date
2010-01-19

Other Sections in This Document (180)

Full Text

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The amended judgment in the unlawful detainer action in favor of Litke declared him the “prevailing party” and “awarded restitution of possession of the premises” and daily damages (amounting to approximately $2,900 of back rent), plus costs of suit and attorney fees against the Chacons. The issue determined in that unlawful detainer litigation was whether Litke met the requirements of section 37.9, subdivision (a)(ll), under which the unlawful detainer action had been brought, so as to be entitled to temporary possession to effect repairs pursuant to that statute. As we have concluded above, that subdivision did not entitle Litke to permanent possession, but only temporary possession to make repairs. Consequently, the unlawful detainer judgment did not determine his right to permanent