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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 61–80 of 637 results

Section 425

1100 PARK LANE ASSOCIATES v. Feldman, 74 Cal. Rptr. 3d 1 (2008) California state

...The cause of action based on wrongfully endeavoring to recover possession was clearly premised on Hawkins’s statements, the service of the notice of eviction and the filing of the unlawful detainer action. As we have discussed heretofore, the filing...

Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)

Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017) California state

...8 For Ellis Act evictions commenced on or after January 1, 2000, the date of withdrawal from the rental market is 120 days from delivery of the landlord‘s notice of intent to withdraw. (Rent Ordinance, § 37.9A, subd. (f...

Boshernitsan v. Bach (2021)

Boshernitsan v. Bach (2021) California state

...Volkov” (appellants’ counsel) “via mail or delivered in person, to agent’s office,” at an address in Walnut Creek.11 As to submissions for the purpose of avoiding eviction, the notice of termination also provides, “Failure by YOU to submit...

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

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

On September 30, 1997, Michael Nnadi-Nwazurumike served defendant with a handwritten 30-day notice to vacate. The notice stated, “This is your official 30 day notice of eviction. This means that by no later than October 31, 1997 you...

S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018) California state

...City of Oakland (2009) 171 Cal.App.4th 741, 754, 90 Cal.Rptr.3d 181 ( Rental Housing ).) The Property Owners argue the Ordinance is procedural because it governs the timing of notices of eviction: "The Ordinance does not limit the...

Section 1094

Johnson v. Housing Authority of City of Oakland (2019) California state

...she failed to supply the housing authority with required eviction notice; she committed serious and/or repeated violations of her lease; and she was evicted for committing serious and/or repeated violations of the lease. 3. Adequacy of the written...

§ 1085

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

...The deputy noted that appellant and Dominguez were named as defendants, and the eviction restoration notice shows that it was directed to Dominguez only. According to Chekouras’s *1347

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

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

...shows the existence” of one of 11 grounds for eviction. (Ord., § 13.76.130, subd A.) Failure to specify one of these grounds in a notice of termination or notice to quit, or in an unlawful detainer complaint, is a...

Section 1942

Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018) California state

...a written notice correctly stating the amount of rent then due and requiring its payment within a period, stated in the notice, of not less than three days. However, this subsection shall not constitute grounds for eviction where tenant has...

Section 1094

Johnson v. Hous. Auth. of Oakland, 250 Cal. Rptr. 3d 686 (2019) California state

The parties disagree whether the above notice reflects a decision to uphold the termination of Johnson from the program on each of the proposed grounds or merely on her failure to supply the housing authority with the required eviction notice...

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

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

...notice may be served or any other action taken to institute eviction proceedings. This additional cure period thus extends the three days’ notice required under the Unlawful Detainer Act. Given this conclusion, we turn to whether Measure H’s notice...

Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)

Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007) California state

...422.) Because a factual inquiry is required in order to determine whether a particular eviction notice is privileged, it is impossible to conclude that the litigation privilege would bar every action arising under the provision of section 4.56.020...

Section 425

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

...from the market and fraudulently evicted the tenant to install a family member who never moved in—a claim which could only be raised after the landlord accomplished the eviction—such that the eviction notices and unlawful detainer were merely...

Johnson v. Housing Authority of City of Oakland (2019)

Johnson v. Housing Authority of City of Oakland (2019) California state

...Committing serious or repeated violations of your lease agreement resulting in your eviction [¶] 2. Not providing [the housing authority] with a copy of the eviction notices within 5 days [¶] 3. Engaging in violent activity that threatened the health, safety, or...

Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)

Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989) California state

violations of the ordinance and that appellants moved to other housing on their own volition, knowing that they were not compelled to move by the eviction notices.

section 1942

Rich v. Schwab, 63 Cal. App. 4th 803 (1998) California state

In particular, the extended notice of eviction required by section 798.55 in no sense excludes application of the general prohibition against retaliatory action by landlords found not only in section 1942.5, subdivision (c), but also in the common...

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

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

Nevertheless, some instructive judicial authority exists on the subject of retaliatory eviction. The leading contemporary case is Edwards v. Habib (1968) 397 F.2d 687 [130 App.D.C. 126], cert. den. (1969) 393 U.S. 1016 [21 L.Ed...

Winslett v. 1811 27th Avenue, LLC (2018)

Winslett v. 1811 27th Avenue, LLC (2018) California state

...Code, § 8.22.360, subd. (A)(1).) The Just Cause Ordinance also states that “[a] landlord shall not endeavor to recover possession of a rental unit unless” a permitted ground for eviction is set forth “in the notice and that...

EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)

EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984) California state

8 Landlord's assertion that tenant may not raise the defense of retaliatory eviction because her lease terminated upon expiration of the three-day notice to quit or pay rent is unsound. As pointed out by tenant, this argument, if...