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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

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The policy of the marshal’s office in executing a writ of possession against a tenant was to evict the named tenant and all other occupants of the apartment. Arrieta sought injunctive and declaratory relief, alleging the marshal’s practice of evicting unnamed adults on the premises violated her rights to procedural due process. She also brought a taxpayer’s suit to enjoin the marshal from expending public funds to carry out this policy. The landlords agreed not to evict Arrieta, and the suit proceeded as a taxpayer’s action. (Arrieta v. Mahon, supra,