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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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Litke contends that his right to permanent possession of the property is grounded upon the final judgment in the unlawful detainer and the order of surrender entered by the court pursuant to the Stipulation. He attempts to characterize his refusal to allow the Chacons to reoccupy the premises as postjudgment conduct enforcing the judgment and the order entered upon the Stipulation. The trial court disagreed, as do we. Recognizing that the unlawful detainer action and the 60-day notice to temporarily terminate tenancy were privileged communications, the trial court reasoned that the Chacons’ action against Litke was not based on either. “Rather, [the Chacons’] claims are based on [Litke’s] failure to allow them to return to the premises after