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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       In addition, Civil Code section 1940.2 makes it unlawful for a landlord to commit
certain specified acts "for the purpose of influencing a tenant to vacate a dwelling."10
(Civ. Code, § 1940.2, subd. (a).) The purpose of Civil Code section 1940.2 is to prohibit
a landlord's use of " 'constructive' self-help eviction" techniques (Friedman et al., Cal.
Practice Guide: Landlord-Tenant, supra, ¶ 7:42, p. 7-14), such as theft, extortion,
interference with a tenant's quiet enjoyment, or trespass "for the purpose of influencing a
tenant to vacate a dwelling." (Civ. Code, § 1940.2, subd. (a).)
       In sum, at this stage of the proceedings, we conclude that appellant's causes of
action were adequately pleaded.11
       Finally, in the event that on remand Sierra argues that the foreclosure sale
extinguished appellant's initial lease with Schwann, in Nativi, supra, 223 Cal.App.4th
261, this court explained that in "May 2009, the United States Congress enacted the
Protecting Tenants at Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111–22, Div. A,
Title VII, §§ 702–704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress
amended it (Pub.L. 111–203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204). The Act
provides protections for bona fide tenants of residential real property at foreclosure
following the date of its enactment until its sunset at the end of 2014." (Nativi, supra,
223 Cal. App. 4th 268-269.)

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