Skip to main content
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

627 chars
Appellant’s rights were violated, but before eviction he could have protected himself by presenting a claim of right to possession. After eviction appellant could have sought an injunction or filed an action for declaratory relief against the landlords regarding their respective rights and duties under the lease, or he might have sought extraordinary relief from the court which issued the writ of possession. The landlords’ alleged misrepresentation that there was no need for appellant to obtain a stay of the eviction may be actionable as well. Appellant had remedies from which to choose, but mandate was not one of them.