de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)

Citation: de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Parent Document: de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Jurisdiction: California (state)
Effective Date: 2011-03-29
Original Source: https://www.courtlistener.com/opinion/5810133/de-la-cuesta-v-benham/ ↗

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The case was scheduled to go to trial on Monday, February 23, 2009. However, since the tenant vacated the premises the previous weekend— indeed, the day before—the court converted the case to an ordinary civil action (see Civ. Code, § 1952.3), and, as such, the case did not come to trial until November 30, 2009. The trial court squarely rejected the tenant’s fraud allegations, finding that the tenant was both an attorney and a real estate broker and was represented by a realtor in entering into the transaction, and in any event the property was in good condition when the lease was signed.

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