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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       "It is unlawful for a landlord to do any of the following for the purpose of
influencing a tenant to vacate a dwelling: [¶] (1) Engage in conduct that violates
subdivision (a) of Section 484 of the Penal Code [theft]. [¶] (2) Engage in conduct that
violates Section 518 of the Penal Code [extortion]. [¶] (3) Use, or threaten to use force,
willful threats, or menacing conduct constituting a course of conduct that interferes with
the tenant's quiet enjoyment of the premises in violation of Section 1927 that would
create an apprehension of harm in a reasonable person . . . . [¶] (4) Commit a significant
and intentional violation of Section 1954 [including abusing the right of access to harass
the tenant (Civ. Code, § 1954, subd. (c)]." (Civ. Code, § 1940.2, subd. (a).)
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       We express no opinion whatsoever as to whether this action can survive any
further demurrer or any summary judgment motion that might be brought, as these
matters are for the superior court to determine in the exercise of its sound discretion.

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