Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)

Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026) California state

...It also imposes a specific procedural requirement: [l]andlords must affirmatively act by providing a written warning after good cause for eviction has been demonstrated but before notice of eviction can be given under [Code of Civil Procedure] section 1161...

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009) California state

In January 2006, after serving and filing the requisite notices, Mazgani filed an unlawful detainer action against Clark to evict her from her apartment so Mazgani’s daughter could move into that unit. Mazgani prevailed in that action, and Clark...

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009) California state

on their contention that the landlord was not entitled to rely on the Ellis Act to evict them. In contrast, in Birkner, the gravamen of the complaint was the landlord’s service of the eviction notice under the rent ordinance...

Cal. Apartment Assn. v. City of Pasadena (2025)

Cal. Apartment Assn. v. City of Pasadena (2025) California state

...City and County of San Francisco (2018) 20 Cal.App.5th 510, 512, 518 [ordinance providing a defense to certain evictions if a child or educator resided in the unit and “the effective date of the notice of termination of...

Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007)

Lincoln Place Tenants Ass'n v. City of Los Angeles, 66 Cal. Rptr. 3d 120 (2007) California state

In March 2005, AIMCO began serving the remaining tenants with eviction notices, and filed Ellis Act notices with the City. The March 18, 2005 notice relating to plaintiff Mueller relied exclusively on the RSO for the authority to evict, and...

Cal. Apartment Assn. v. City of Pasadena (2025)

Cal. Apartment Assn. v. City of Pasadena (2025) California state

...eviction notice,” unless “[t]he Tenant has failed, after receiving a Written Notice to Cease, to pay the Rent.” (§ 1806(a)(1), italics added.) A landlord’s failure to serve the tenant with the Written Notice to Cease constitutes a...

§ 1085

Cardenas v. Noren, 235 Cal. App. 3d 1344 (1991) California state

...385.) The trial court held that in the future the marshal should not evict unnamed parties who made a claim of a right to possession of the premises. The notice-to-vacate form was modified so that an unnamed party...

Boshernitsan v. Bach (2021)

Boshernitsan v. Bach (2021) California state

...Under the Rent Ordinance, any tenants who wish to assert they are protected from eviction or entitled to additional payment based on a protected status must submit notice to the landlord, but the notice of termination here requires the tenants...

Hilaly v. Allen (2019)

Hilaly v. Allen (2019) California state

7 I. THE PLAIN LANGUAGE OF THE ELLIS ACT ALLOWS AN ELIGIBLE ELDERLY OR DISABLED TENANT TO DEFEND AGAINST AN EVICTION BASED ON THE OWNER’S CHANGE IN TENANCY TERMS DURING THE NOTICE PERIOD.

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)

Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009) California state

...278.) The sole basis for liability was the landlord’s service of an eviction notice and his refusal to rescind it after the tenants informed him they were exempt from eviction based on age and length of tenancy. 4 The...

Kriz v. Taylor, 92 Cal. App. 3d 302 (1979)

Kriz v. Taylor, 92 Cal. App. 3d 302 (1979) California state

...Code § 1942.5(d) precludes evidence of good cause to rebut a claim of retaliatory eviction unless the facts alleged constituting good cause were first in the 30 (or 3) day notice and pleaded in [Landlord’s] complaint, which had...

Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976) California state

General and punitive damages were sought on a theory of retaliatory eviction. Appellant contends that she presented substantial evidence that respondents served notice of eviction on her because she organized meetings with tenants to discuss rental policies and that this...

Section 425

Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011) California state

Wallace and Owen fail to show any probability of prevailing on their claim against McCubbin and Merck for wrongful eviction based on the three-day notice, the unlawful detainer action, or any alleged unprotected activity. 3. Retaliation

§ 1085

Cardenas v. Noren, 235 Cal. App. 3d 1344 (1991) California state

...A Los Angeles marshal came to the apartment of Arrieta, and served a notice to one Ernesto Falcon to vacate the apartment in five days, or to be forcibly evicted. Falcon had lived in the apartment with Arrieta, but had...

Boston LLC v. Juarez (2015)

Boston LLC v. Juarez (2015) California state

At the hearing on April 15, 2014, defendant requested to file an amended answer which would have additionally alleged the affirmative defense that plaintiff waived its right to evict him using the February 14, 2014 three-day notice by serving...

S.F. Apartment Assn. v. City & County of S.F. (2024)

S.F. Apartment Assn. v. City & County of S.F. (2024) California state

...519.) In contrast, the appellate court in Rental Housing was tasked with deciding whether notice requirements particular to certain grounds of eviction regulated those grounds. (Rental Housing, at p. 763.) Third, unlike Ordinance No. 18-22, the notice requirements in...

Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009) California state

...The disputed provision prohibits landlords from taking any “action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental housing unit based upon facts which...

DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)

DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000) California state

...Plaintiffs thus contended that defendant became a trespasser when Nnadi-Nwazurumike voluntarily terminated his tenancy, and that defendant could thereafter be lawfully evicted without notice and without compliance with the Berkeley eviction ordinance.

Section 1942

Schweiger v. Superior Court, 476 P.2d 97 (1970) California state

...notice to quit was served in retaliation for her complaints to the housing authorities. The defense was rejected as irrelevant at trial and on appeal to the district court. The circuit court reversed, ruling: "But while the landlord may evict...

S.F. Apartment Assn. v. City & County of S.F. (2024)

S.F. Apartment Assn. v. City & County of S.F. (2024) California state

...landlords must affirmatively act by providing a written warning after good cause for eviction has been demonstrated but before notice of eviction can be given under section 1161. As explained above, this process creates a procedural barrier precluding relief. Moreover...