Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

Citation: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Parent Document: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Jurisdiction: California (state)
Effective Date: 2014-06-10
Original Source: https://www.courtlistener.com/opinion/2677838/erlach-v-sierra-asset-servicing-llc/ ↗

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the [complaint] would have to have been in writing, per the statute of frauds, and
[appellant] has not alleged that there ever was any such written agreement."4
        After oral argument, the trial court sustained the demurrer without leave to amend
on the ground that no landlord-tenant relationship existed between appellant and Sierra
because the tenancy between appellant and defendant Mary Schwann "had already been
terminated by the county's red tag" before Sierra took possession of the premises.
Further, any lease between Sierra and appellant "while the premises were red tagged
would have been void as unlawful and in violation of public policy." Later the court
stated that when Sierra took over the property, appellant was "just a squatter at that time
with no legal rights."
        The trial court indicated that it could not automatically dismiss the action against
Sierra without a noticed motion to dismiss. Accordingly, the court instructed counsel for
Sierra to file a noticed motion to dismiss, which the court heard and granted on April 27,
2012. The signed order entitled "ORDER GRANTING DEFENDANT SIERRA ASSET
SERVICES LLC'S MOTION TO DISMISS SAID DEFENDANT FROM PLAINTIFF'S
COMPLAINT, WITH PREJUDICE, AND GRANTING JUDGMENT OF DISMISSAL"
is dated April 27, 2012. According to the clerk of the court, no notice of entry of order
granting Sierra's motion to dismiss is in the court file. Appellant filed a notice of appeal
from the court's April 27, 2012, judgment dismissing Sierra from the case on June 28,
2012.
        As an initial matter, although appellant's form notice of appeal refers to a
judgment of dismissal, the appellate record contains no judgment. Thus, this appeal

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