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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1085

Citation
§ 1085
Parent Document
Cardenas v. Noren, 235 Cal. App. 3d 1344 (1991)
Jurisdiction
California (state)
Effective Date
1991-11-08

Full Text

495 chars
The question on appeal is whether the trial court erred in denying the petition for a writ of mandate. A corollary issue is whether mandate lies to compel the sheriff to reinstate a tenant he evicted, even though the tenant was a named defendant in an unlawful detainer action but not served with process or named in the default judgment. While we find that appellant’s rights were enforceable against the landlords, we conclude that mandate directed toward the sheriff is not the proper remedy.