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California Eviction Defense Manual

The most comprehensive, efficient eviction defense resource ever published. Covers both substantive and procedural law.

The most comprehensive, efficient eviction defense resource ever published. With nearly 100 litigation forms, it covers both substantive and procedural law on these issues and more:

  • Termination notices; pretrial defense motions
  • Postforeclosure evictions: borrower and tenant strategies
  • Defending tenants who use medical marijuana
  • Negotiating tips; settlements
  • Warranty of habitability defense
  • Eviction-controlled jurisdictions
  • Commercial tenancies and government-assisted housing
  • Trial, judgments, writs, and appeals
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The most comprehensive, efficient eviction defense resource ever published. With nearly 100 litigation forms, it covers both substantive and procedural law on these issues and more:

  • Termination notices; pretrial defense motions
  • Postforeclosure evictions: borrower and tenant strategies
  • Defending tenants who use medical marijuana
  • Negotiating tips; settlements
  • Warranty of habitability defense
  • Eviction-controlled jurisdictions
  • Commercial tenancies and government-assisted housing
  • Trial, judgments, writs, and appeals

1

Overview of Unlawful Detainer Law

  • I. SCOPE OF THIS BOOK 1.1
  • II. LANDLORD'S ALTERNATIVES TO UNLAWFUL DETAINER ACTION 1.2
  • III. ETHICS 1.3
  • IV. SUMMARY OF UNLAWFUL DETAINER PROCESS 1.4
    • A. Description of Unlawful Detainer Action 1.5
    • B. Reduced Time Frame Governing Unlawful Detainer Procedure 1.6
    • C. Landlord Must Strictly Comply With Statutory Requirements 1.7
    • D. Notice Requirements 1.8
    • E. Bases for Terminating Tenancy; Applicable Notice 1.9
      • 1. Termination Requiring 3-Day Notice (Longer Notice Permitted) 1.10
      • 2. Termination Requiring 30-Day or Longer Notice 1.11
      • 3. Termination Requiring Other Notice 1.12
      • 4. Termination Requiring No Notice 1.13
    • F. Jurisdiction and Venue 1.14
    • G. Default Judgment 1.15
    • H. Bases for Defending Unlawful Detainer Action 1.16
    • I. Trial
      • 1. Tenant Entitled to Jury Trial if Answer Presents Admissible Defenses 1.17
      • 2. Rent and Damages Awardable to Landlord 1.18
    • J. Posttrial Motions 1.19
    • K. Execution by Sheriff 1.20
  • V. SUMMARY OF POTENTIAL TENANT RESPONSES TO LANDLORD'S ACTIONS 1.20A
  • VI. INVALIDITY OF LEASE PROVISION WAIVING TENANT'S RIGHTS 1.21
  • VII. WRIT OF IMMEDIATE POSSESSION 1.22
  • VIII. UNAVAILABILITY OF UNLAWFUL DETAINER IF TENANT IS NO LONGER IN POSSESSION OF PREMISES 1.23

2

Relationship of Unlawful Detainer to Other Actions

  • I. ISSUES NOT COGNIZABLE IN UNLAWFUL DETAINER ACTIONS 2.1
  • II. COORDINATION AND CONSOLIDATION OF UNLAWFUL DETAINER WITH OTHER ACTIONS 2.2
    • A. Coordination of Complex Actions 2.2A
    • B. Transfer of Noncomplex Actions 2.2B
    • C. Consolidation of Actions Pending in Same County 2.2C
  • III. CONVERSION OF UNLAWFUL DETAINER ACTION TO ACTION FOR EJECTMENT 2.3
  • IV. SEVERING POSSESSION ISSUE FROM RENT-DUE ISSUE 2.4
  • V. TENANT'S SUIT FOR DECLARATORY OR INJUNCTIVE RELIEF; STAY OF UNLAWFUL DETAINER ACTION
    • A. Overview: Can Unlawful Detainer Actions Be Enjoined? 2.5
    • B. Obtaining Injunctive Relief
      • 1. Legal Basis; Grounds 2.5A
      • 2. The Newby Exception: Adequate Remedy at Law 2.5B
      • 3. Overcoming Newby Limitations 2.5C
      • 4. Procedure; Bond Required 2.5D
    • C. Stay of Eviction Action as Reasonable Accommodation 2.5E
  • VI. LANDLORD'S SUIT FOR INJUNCTIVE RELIEF 2.6
  • VII. ACTIONS AFTER ENTRY OF JUDGMENT 2.7
  • VIII. ARBITRATION PROVISION IN LEASE 2.8
  • IX. ADMINISTRATIVE MANDAMUS 2.9
  • X. BANKRUPTCY 2.10

3

Self-Help by Landlord

  • I. USE OF SELF-HELP BY LANDLORD 3.1
  • II. FORCIBLE ENTRY AND DETAINER 3.2
    • A. Examples of Forcible Entry and Detainer 3.3
    • B. Retaking Abandoned Premises Is Not Forcible Entry or Detainer 3.4
    • C. Recovering Punitive Damages for Forcible Entry or Detainer Requires Showing of Malice 3.5
  • III. SHUTTING OFF UTILITIES OR OTHERWISE BARRING TENANT'S USE OF PROPERTY
    • A. Civil Code §789.3 3.6
    • B. Remedies Under Public Utilities Code and CC §1942.2 3.6A
  • IV. OTHER ACTIONS BY LANDLORD THAT MAKE PREMISES UNINHABITABLE 3.7
  • V. SELF-HELP EVICTIONS OF TENANTS IN RESIDENTIAL HOTELS 3.8
  • VI. SELF-HELP EVICTIONS OF LODGERS 3.9
  • VII. SELF-HELP EVICTIONS OF OCCUPANTS OF TRANSITIONAL HOUSING 3.10
  • VIII. SELF-HELP EVICTIONS OF HOTEL GUESTS 3.11
  • IX. ANTI-HARASSMENT STATUTE (CC §1940.2) 3.12

4

Representing the Tenant; Office Procedures

  • I. OFFICE PROCEDURES 4.1
  • II. LAW OFFICE AUTOMATION 4.2
  • III. LEGAL REFERENCE MATERIALS 4.3
    • A. Necessary Legal Sources and Forms 4.4
    • B. Useful Additional Library Materials 4.5
  • IV. INITIAL STEPS BEFORE DECIDING WHETHER TO REPRESENT TENANT
    • A. Initial (Telephone) Contact With Prospective Client 4.6
    • B. Form: Telephone Intake Form 4.7
    • C. Scheduling Meeting With Prospective Client 4.8
    • D. Conflict of Interest in Representing Tenant
      • 1. Performing a Conflicts Check 4.9
      • 2. Common Conflict Situations in Unlawful Detainer Actions 4.10
    • E. Initial Meeting With Prospective Client 4.11
    • F. Use of Client Interview Questionnaire 4.12
    • G. Form: Client Interview Questionnaire 4.13
    • H. Conduct of Initial Meeting 4.14
    • I. Investigate Tenant's Relationship With Former Counsel and Any Litigation History 4.15
    • J. Contact Landlord's Attorney for Preliminary Look at Opposing View of Case 4.16
    • K. Initial Assessment of Case 4.17
    • L. Scope of Initial Assessment 4.18
    • M. Allaying Tenant's Fears 4.19
  • V. REPRESENTATION OF TENANT
    • A. Decision to Represent Tenant 4.20
      • 1. If Attorney Will Not Represent or Assist Tenant 4.21
      • 2. When More Time Needed for Decision on Representation 4.22
      • 3. Form: Substitution of Attorney" Civil (Without Court Order) (Judicial Council Form MC-050; Mandatory) 4.23
      • 4. If Attorney and Tenant Agree That Attorney Will Represent or Assist Tenant 4.24
      • 5. Disclosure Regarding Professional Liability Insurance 4.24A
    • B. Representation Agreements and Ground Rules 4.25
      • 1. Delegating Tasks to Client 4.26
      • 2. Contents of Representation Agreement 4.27
      • 3. Form: Representation Agreement" Private Practitioner 4.28
      • 4. Form: Client Retainer Agreement" Legal Services Organization 4.29
    • C. Limited Scope Representation (Unbundling)
      • 1. Applicable Law 4.29A
      • 2. Checklist: Tenant Fee Agreement 4.29B
    • D. Deposit of Rent Due Into Client Trust Account 4.30
    • E. Form: Requirement for Deposit of Rent Into Client Trust Account 4.31
  • VI. PROCEDURE AFTER REPRESENTATION IS UNDERTAKEN
    • A. Ascertain Goal of Representation 4.32
      • 1. Ascertain Whether Tenant Wants to Continue Living in Rental Unit 4.33
      • 2. Goal of Representation Is Not Necessarily Successful Defense of Unlawful Detainer Action 4.34
    • B. Counsel Should Investigate Facts of Case 4.35
    • C. Determining Defense Strategy 4.36
    • D. Making Choices on Strategy and Tactics 4.37
    • E. Example of Strategic and Tactical Choices in Procedure When Defective 3-Day Notice Was Served 4.38
      • 1. Strategy and Tactics: Filing Motion to Quash Service of Summons or Demurrer 4.39
      • 2. Strategy and Tactics: Filing an Answer 4.40
      • 3. Strategy and Tactics: Filing Motion for Summary Judgment 4.41
    • F. Counsel Should Simultaneously File Pleadings, Conduct Discovery, and Negotiate 4.42

5

Grounds for Eviction

  • I. GROUNDS FOR EVICTION GENERALLY 5.1
  • II. GROUNDS FOR EVICTION BASED ON TENANT'S DEFAULT; 3-DAY NOTICE REQUIRED 5.2
  • III. REASONS FOR TERMINATION NOT BASED ON TENANT'S DEFAULT; NOTICE REQUIRED 5.3
  • IV. REASONS FOR TERMINATION NOT BASED ON TENANT'S DEFAULT; NOTICE NOT REQUIRED 5.4
  • V. TERMINATING MOBILEHOME PARK TENANCIES 5.5
  • VI. EVICTION BROUGHT BY CITY PROSECUTOR OR CITY ATTORNEY 5.6

6

Three-Day Notice

  • I. PURPOSE AND EFFECT OF 3-DAY NOTICE 6.1
    • A. Purpose of 3-Day Notice 6.2
    • B. If 3-Day Notice Is Defective 6.3
  • II. IMMEDIATE TENANT RESPONSE TO SERVICE OF 3-DAY NOTICE (BEFORE COMPLAINT HAS BEEN FILED) 6.4
  • III. STRICT COMPLIANCE WITH STATUTE IS REQUIRED 6.5
  • IV. NOTICE REQUIRED EVEN IF LEASE PROVIDES THAT IT IS NOT NECESSARY 6.6
  • V. COMPUTATION OF NOTICE PERIOD 6.7
  • VI. NOTICE IS VALID EVEN THOUGH IT CONTAINS MORE THAN ONE REASON FOR EVICTION 6.8
  • VII. NOTICE MAY BE WITHDRAWN 6.9
  • VIII. FORM OF NOTICE 6.10
    • A. Notice Must Be in Writing 6.11
    • B. Description of Premises in Notice 6.12
    • C. Signature on Notice 6.13
    • D. Demand for Possession Must Be Unequivocal 6.14
    • E. Statement of 3 Days in Notice Itself May Not Be Required 6.15
    • F. Notice May Declare Election of Forfeiture 6.16
    • G. Demand for Rent and Charges
      • 1. Notice to Quit Must Include Demand for Rent as Alternative 6.17
      • 2. Notice Must Specify No More Than Rent Actually Due 6.18
        • a. Precise Amount of Rent Need Not Be Specified if Calculation of Rent Depends on Tenant's Accounting 6.19
        • b. Statement of Rent Due; Additional Claims in Notice 6.20
        • c. Effect of Federal Fair Debt Collection Practices Act 6.20A
        • d. When Notice Seeks Less Than Actual Amount Owed 6.21
      • 3. Notice Must State to Whom and Where Rent Must Be Paid 6.21A
      • 4. One-Year Limitation on Amount of Rent That Can Be Demanded 6.22
      • 5. Inclusion of Late Charges in Notice 6.23
      • 6. Validity of Late Charges Landlord Claims Are Due
        • a. As Liquidated Damages 6.24
        • b. As Violation of Usury Law 6.24A
  • IX. SERVICE OF NOTICE
    • A. When Notice May Be Served 6.25
      • 1. "Holidays" Defined 6.26
      • 2. When Tenant May Perform Under Notice 6.27
    • B. Method of Service 6.28
    • C. Statutory Requirements for Service of 3-Day Notice 6.29
  • X. WHEN 3-DAY NOTICE IS BASED ON FAILURE TO PAY RENT 6.30
  • XI. TENDER OF RENT
    • A. Method of Tender of Rent 6.31
    • B. Proof That Tender Was Made 6.32
    • C. Depositing Money in Landlord's Bank Account 6.33
    • D. Effect of Tender of Rent on Obligation to Pay Rent 6.34
    • E. Time of Tender of Rent
      • 1. Tender of Rent Before Service of Notice 6.35
      • 2. Tender of Rent After Notice Is Served and Before Notice Period Expires 6.36
      • 3. Tender of Rent After Notice Period Has Expired 6.37
  • XII. WHEN 3-DAY NOTICE IS BASED ON DEFAULT UNDER LEASE OR CONDUCT OTHER THAN FAILURE TO PAY RENT
    • A. Violation of Covenant in Lease Generally; Statutory Basis for 3-Day Notice 6.38
      • 1. Express and Implied Covenants 6.39
      • 2. Trivial or Technical Breach Not Sufficient 6.40
      • 3. Waiver and Estoppel 6.41
      • 4. Repeated Acceptance of Late Rent 6.42
      • 5. Effect of Tenant's Performance 6.43
      • 6. Whether Notice Must Be Given in Alternative 6.44
      • 7. Stating the Breach 6.45
    • B. Violation of Covenant Against Subletting, Assignment, or Waste; Maintaining Nuisance; or Using Premises for Unlawful Purpose 6.46
      • 1. Subletting, Assignment, and Waste 6.47
      • 2. Nuisance 6.48
      • 3. Unlawful Purpose 6.49
      • 4. Operating Bed-and-Breakfast or Transient Occupancy Business 6.49A
  • XIII. SALE UNDER EXECUTION, MORTGAGE, OR TRUST DEED 6.50
  • XIV. COMMON FLAWS IN 3-DAY NOTICE OR ITS SERVICE THAT RENDER NOTICE INEFFECTIVE 6.51
  • XV. EFFECT OF SERVICE OF MORE THAN ONE NOTICE 6.52

7

Thirty-Day/Sixty-Day Notices and Termination Without Notice

  • I. TERMINATING PERIODIC TENANCIES
    • A. Using 30-Day Notice 7.1
    • B. Using 60-Day Notice 7.1A
  • II. IMMEDIATE TENANT RESPONSE TO SERVICE OF NOTICE 7.2
  • III. TENANT REMAINS IN POSSESSION AFTER TERMINATION
    • A. "Holdover" Tenant Defined 7.3
    • B. Tenant Serves Landlord With Notice of Termination and Remains in Possession After Termination Period 7.4
    • C. Term Has Expired but Tenant Holds Over 7.5
    • D. Termination of Employment of Resident Employee 7.6
    • E. Death of Tenant 7.7
    • F. Expiration of Fixed-Term Lease 7.8
    • G. Effect of Landlord's Acceptance of Rent After Expiration of Fixed Term 7.9
    • H. Effect of Clause Providing for Automatic Extension or Renewal 7.9A
    • I. Lodger Who Holds Over in Owner-Occupied Dwelling 7.10
    • J. Expiration of Periodic (Generally Month-to-Month) Lease 7.11
  • IV. LENGTH OF PERIOD OF NOTICE
    • A. Shortened Notice Periods by Agreement 7.12
    • B. Date on Which Mailed Notice Is Effective 7.13
    • C. Notice Period Must Expire Before Complaint Can Be Filed 7.14
  • V. WITHDRAWAL OF NOTICE; ACCEPTANCE OF RENT PAYMENTS 7.15
  • VI. FORM OF NOTICE
    • A. Notice Must Be in Writing 7.16
    • B. Description of Premises and Signature 7.17
    • C. Notice Cannot Be in the Alternative 7.18
    • D. Statement of 30 or 60 Days 7.19
    • E. Cover Sheet; Evictions After Foreclosure 7.19A
  • VII. APPORTIONMENT OF RENT 7.20
  • VIII. METHOD OF SERVICE 7.21
  • IX. TENANCY AT WILL 7.22
  • X. EFFECT OF SERVICE OF 30-DAY OR 60-DAY NOTICE IN CONJUNCTION WITH SERVICE OF 3-DAY NOTICE 7.23
  • XI. COMMON FLAWS IN NOTICE OR ITS SERVICE, RENDERING NOTICE INEFFECTIVE 7.24
  • XII. TENANT IN MILITARY SERVICE 7.25

8

Service of Notices on Tenant

  • I. EVALUATING SERVICE OF NOTICE 8.1
  • II. METHODS OF SERVICE OF NOTICE 8.2
    • A. Personal Service 8.3
    • B. Substituted Service (CCP §1162(a)(2)) 8.4
    • C. Service by Posting, Delivery, and Mail (CCP §1162(a)(3)) 8.5
      • 1. Service by Posting Alone Is Insufficient 8.6
      • 2. Service by Mail Alone Is Insufficient 8.7
    • D. Extension of Tenant's Time to Act When Notice Is Mailed 8.8
      • 1. Notice Effective on Receipt 8.8A
      • 2. Notice Effective on Mailing 8.8B
      • 3. Effective Date of Notice Extended by CCP §1013 8.8C
      • 4. Rationale Favoring Extension of Response Period Under CCP §1013 When Notice Is Mailed 8.9
  • III. IMPROPER SERVICE
    • A. Effect of Defective Service of Notice 8.10
    • B. Actual Receipt of Improperly Served Notice 8.11
  • IV. EFFECT OF SERVICE ON PERSONS OTHER THAN TENANT 8.12
    • A. Occupants Who Are Neither Tenants nor Subtenants 8.13
    • B. Cotenants 8.14
    • C. Subtenants 8.15
  • V. EXAMPLES OF COMMON MISTAKES IN SERVICE 8.16
  • VI. PROOF OF SERVICE OF NOTICE 8.17

9

Negotiating Strategies

  • I. IMPORTANCE OF NEGOTIATION AND EARLY SETTLEMENT 9.1
    • A. Definitions of Terms: "Negotiation," "Target Point," "Resistance Level," and "Bottom Line" 9.2
    • B. Determining Tenant's Goals and Expectations 9.3
    • C. Determining the Bargaining Range 9.4
    • D. Possible Bargaining Outcomes 9.5
    • E. Evaluating Case 9.6
  • II. KEY FACTORS TOWARD SETTLEMENT IN TENANT'S FAVOR
    • A. Merits of Tenant's Case 9.7
    • B. Whether Tenant Is Willing to Relinquish Possession 9.8
    • C. Whether Tenant Is Impervious to Judgment for Damages 9.9
    • D. Whether Rental Agreement Contains Attorney Fee Clause 9.10
  • III. DEVELOPING A BARGAINING STRATEGY 9.11
    • A. Look for Means to Strengthen Tenant's Case and Weaken Landlord's 9.12
    • B. Tenant's Attorney Must Be Ready to Move Quickly to Take Advantage of Settlement Opportunities 9.13
    • C. Tenant's Attorney Should Be Aware of Landlord's Goals and Fears 9.14
    • D. Determining How Much to Demand in Initial Settlement Offer 9.15
  • IV. ADVANTAGES AND DISADVANTAGES OF FACING OPPOSING COUNSEL KNOWN TO TENANT'S COUNSEL 9.16
  • V. USING BARGAINING TACTICS 9.17
  • VI. COMMUNICATING WARNINGS TO OPPOSING PARTY 9.18
  • VII. WHEN LANDLORD'S COUNSEL APPEARS TO BE DRAWING OUT ACTION TO GENERATE FEES 9.19
  • VIII. DRAFTING SETTLEMENT AGREEMENT 9.20
  • IX. EVALUATING SUCCESS OF SETTLEMENT AGREEMENT 9.21

10

Proceeding in Forma Pauperis

  • I. AUTHORITY FOR OBTAINING WAIVER OF COURT FEES AND COSTS 10.1
  • II. RIGHT TO PROCEED IN FORMA PAUPERIS 10.2
  • III. SUBSTANTIVE SHOWING OF INDIGENCE 10.3
  • IV. CLASSES OF CLAIMANTS AND CATEGORIES FOR WHICH FEES AND COSTS MAY BE WAIVED 10.4
  • V. FEES AND COSTS IN TRIAL COURT
    • A. Types of Fees and Costs Waived by Initial Application 10.5
    • B. Waiver of Other Fees and Costs 10.6
    • C. Applying to Proceed in Forma Pauperis
      • 1. Procedure for Request for Waiver of Court Fees and Costs 10.7
      • 2. Grant of Waiver of Court Fees and Costs Without Hearing 10.7A
      • 3. Hearing on Applicant's Entitlement to Waiver of Court Fees and Costs 10.7B
      • 4. Court Issues and Serves Order on Request to Waive Court Fees 10.7C
      • 5. Effect of Denial of Waiver on Pleadings Already Filed by Applicant 10.7D
      • 6. Procedure for Subsequent Determinations of Fee Waiver Eligibility 10.8
    • D. Right to Waiver or Reimbursement of Discovery Costs 10.9
    • E. Right to Appointment of Attorney 10.10
  • VI. FEES AND COSTS ON APPEAL
    • A. Proceeding in Forma Pauperis 10.11
      • 1. Filing Fees 10.11A
      • 2. Fees for Transcript 10.11B
      • 3. Fees for Interpreter 10.11C
      • 4. Appeal Bond Fees 10.11D
    • B. Review of Denial of Request 10.12

11

Service of Summons and Complaint; Motion to Quash Service of Summons

  • I. SERVICE OF SUMMONS AND COMPLAINT 11.1
  • II. IMMEDIATE ACTIONS THAT CAN BE TAKEN ON TENANT'S BEHALF AFTER SERVICE OF SUMMONS 11.2
  • III. ATTEMPTS TO AVOID SERVICE OF SUMMONS 11.3
  • IV. FORM OF SUMMONS 11.4
  • V. FORM: SUMMONS" UNLAWFUL DETAINER" EVICTION (JUDICIAL COUNCIL FORM SUM-130) 11.5
  • VI. SERVICE OF PROCESS 11.6
    • A. Methods of Service 11.7
    • B. Strict Construction of Service Statutes 11.8
    • C. Effect of Defective Service 11.9
    • D. New Summons Need Not Be Served With Service of Amended Complaint 11.10
    • E. Return of Service 11.11
    • F. Personal Service 11.12
    • G. Substituted Service 11.13
      • 1. Substituted Service on Individual Defendant 11.14
      • 2. Substituted Service on Business Entity 11.15
      • 3. Showing Reasonable Diligence 11.16
      • 4. Recital on Return of Service 11.17
    • H. Service by Mail With Acknowledgment of Receipt 11.18
    • I. Service by Posting and Mailing 11.19
    • J. Order Allowing Service by Posting 11.20
    • K. Completion Date of Service by Posting 11.21
    • L. Service by Publication 11.22
  • VII. SPECIAL APPEARANCE REQUIRED ON MOTION TO QUASH
    • A. What Constitutes a General Appearance 11.23
    • B. Making a Special Appearance 11.24
  • VIII. GROUNDS FOR MOTION TO QUASH 11.25
    • A. Error in Filled-Out Summons 11.26
    • B. Failure to Properly Serve All Required Papers 11.27
    • C. Motion to Quash When Cause of Action Is Not Properly Pleaded in Unlawful Detainer 11.28
    • D. Complaint Contains Another Cause of Action in Addition to Unlawful Detainer 11.29
    • E. Complaint Prays for Damages Not Allowed in Unlawful Detainer 11.30
    • F. Defendant Erroneously Designated
      • 1. Pleading Requirements; "Doe" Defendants 11.31
      • 2. Entering Judgment Against "Doe" Defendant 11.32
  • IX. CONSTITUTIONAL CHALLENGE TO FIVE-DAYS-TO-ANSWER REQUIREMENT 11.33
  • X. MOTION TO QUASH" PROCEDURE
    • A. Time to File Motion; Effect of Motion on Time to File Answer 11.34
    • B. Form of Notice 11.35
    • C. Hearing on Motion to Quash; Burden of Proof 11.36
    • D. Filing Fees 11.37
  • XI. FORM: MOTION TO QUASH SERVICE OF SUMMONS; SUPPORTING MEMORANDUM; DECLARATION OF TENANT 11.38
  • XII. FORM: ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS 11.39
  • XIII. EFFECT OF GRANTING MOTION TO QUASH 11.40
  • XIV. EFFECT OF DENIAL OF MOTION TO QUASH 11.41
  • XV. APPLICATION FOR WRIT OF MANDATE IF MOTION DENIED 11.42
  • XVI. POSSIBLE EFFECT OF CCP §1167.4 ON WHETHER TIME FOR FILING RESPONSIVE PLEADINGS IS TOLLED BY PETITION FOR WRIT 11.43
  • XVII. CHART: TIMELINE FOR TENANT ACTIONS IF SUMMONS OR SERVICE OF SUMMONS WAS DEFECTIVE 11.44

12

Default Judgments

  • I. PROCEDURE FOR OBTAINING JUDGMENT BY DEFAULT 12.1
  • II. CHECKLIST: OBTAINING RELIEF FROM ENTRY OF DEFAULT 12.2
  • III. SERVICE OF APPLICATION FOR ENTRY OF DEFAULT; LANDLORD'S OBLIGATION TO INFORM TENANT 12.3
  • IV. EFFECT OF ENTRY OF DEFAULT; LATE FILING OF RESPONSE 12.4
  • V. ENTRY OF DEFAULT; WRIT OF IMMEDIATE POSSESSION 12.5
  • VI. PROVE-UP HEARING FOR RELIEF OTHER THAN RESTITUTION 12.6
  • VII. PROCEDURE FOR ENTERING DEFAULT IF SERVICE WAS BY PUBLICATION 12.7
  • VIII. SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT 12.8
    • A. Stipulation to Set Aside Default and Default Judgment 12.9
    • B. Form: Stipulation to Set Aside Default and Default Judgment; Order 12.10
    • C. Procedures for Applying to Set Aside Default 12.11
    • D. Grounds for Setting Aside Default and Default Judgment 12.12
      • 1. Mistake, Inadvertence, Surprise, or Excusable Neglect (CCP §473)
        • a. Relief May Be Granted for Client or Attorney Error 12.13
        • b. Relief Must Be Granted for Attorney Error 12.14
        • c. Time Limitations on Bringing Motion Under CCP §473 12.15
        • d. Showing in Support of Motion; Declaration 12.16
        • e. Excuses for Default; Examples 12.17
          • (1) Mistake of Fact 12.18
          • (2) Attorney's Mistake of Law 12.19
          • (3) Excusable Neglect 12.20
          • (4) Fraud 12.21
      • 2. Clerical Mistakes; Vacating Void Judgments (CCP §473, ¶4) 12.22
        • a. Judgment Void on Its Face 12.23
        • b. Judgment Void in Fact, But Not Void on Its Face 12.24
      • 3. When Service of Summons Does Not Result in Actual Notice to Party (CCP §473.5) 12.25
      • 4. Motion or Separate Action in Equity Available to Vacate Judgment on Ground of Fraud or Mistake 12.26
      • 5. Erroneously Entered Default or Default Judgment 12.27
      • 6. Examples of Erroneously Entered Defaults and Default Judgments 12.28
  • IX. WHEN WRIT OF EXECUTION HAS BEEN ISSUED 12.29
  • X. FORMS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
    • A. Form: Notice of Motion to Set Aside Default and Default Judgment; Supporting Memorandum 12.30
    • B. Form: Declaration Supporting Motion to Set Aside Default and Default Judgment 12.30A
    • C. Form: Notice of Motion to Vacate Default; Supporting Memorandum 12.30B
  • XI. ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT 12.31
  • XII. FORM: ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT 12.32
  • XIII. EFFECT OF ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT
    • A. Effect on Sealing of Court Records 12.32A
    • B. Effect on Tenant's Ability to Appear in Action 12.33

13

Demurring and Moving to Strike

  • I. ATTACKING LEGAL SUFFICIENCY OF COMPLAINT 13.1
  • II. THE DEMURRER 13.2
    • A. Grounds for General Demurrer 13.3
    • B. Grounds for Special Demurrer 13.4
    • C. Sustaining Demurrer With or Without Leave to Amend 13.5
    • D. Demurrer Permitted on Grounds of No Jurisdiction Over Subject Matter 13.6
    • E. Effect of Another Pending Unlawful Detainer Action 13.7
    • F. Parties
      • 1. Improper Defendant 13.8
      • 2. Improper Plaintiff 13.9
    • G. Venue and Trial Court Location 13.10
    • H. Description of Premises With Reasonable Certainty 13.11
    • I. Existence of Landlord-Tenant Relationship 13.12
    • J. Notice of Termination
      • 1. Alleging Manner of Service of Notice; Statutory Amendment 13.13
      • 2. Alleging Proper Notice or Service of Notice; Motion to Quash Versus Demurrer 13.13A
      • 3. Alleging Contents of Notice and Reasons for Termination 13.14
        • a. Default in Rent 13.15
        • b. Breach of Covenant Other Than Nonpayment of Rent 13.16
        • c. Subletting, Waste, Nuisance, or Use for Unlawful Purpose 13.17
        • d. Expiration of Term
          • (1) Fixed Term 13.18
          • (2) Periodic Tenancy 13.19
    • K. Tenant Continues in Possession 13.20
    • L. Fraud, Force, or Violence 13.21
    • M. Compliance With Implied Warranty of Habitability 13.22
    • N. Statute of Limitations 13.23
    • O. Checklist: Demurrable Defects in Complaint 13.23A
    • P. Form: Demurrer to Complaint 13.24
  • III. MOTION TO STRIKE 13.25
    • A. Irrelevant, False, or Improper Allegations 13.26
    • B. Defects Not Subject to Demurrer 13.27
    • C. Improper Request for Damages 13.28
    • D. Necessary Allegations for Finding Statutory Damages 13.29
    • E. Rental Value of Premises After Suit Brought 13.30
    • F. Attorney Fee Provision in Lease 13.31
    • G. Verification 13.32
    • H. Failure to State "§1161a" in Caption 13.32A
    • I. Sample Form: Motion to Strike 13.33
  • IV. PROCEDURE FOR DEMURRER AND MOTION TO STRIKE
    • A. Answer May Be Filed With Demurrer 13.34
    • B. Timing of Hearing on Demurrer and Motion to Strike 13.35
    • C. Supporting Memorandum 13.36
    • D. Right to Amend Complaint 13.36A
    • E. Effect of Overruling of Demurrer 13.37
    • F. Frivolous Demurrers 13.38
    • G. Motion to Strike 13.39
  • V. ADDITIONAL FORMS: DEMURRER AND MOTION TO STRIKE
    • A. Form: Notice of Hearing: Demurrer and Motion to Strike 13.40
    • B. Form: Memorandum Supporting Demurrer to Complaint (30-Day Notice Case) 13.41
    • C. Form: Memorandum Supporting Demurrer to Complaint (3-Day Notice Case) 13.42
    • D. Form: Memorandum Supporting Demurrer to Complaint (Judicial Council Form Complaint) 13.43
    • E. Form: Memorandum Supporting Demurrer to Complaint (Breach of Lease Covenant) 13.44
    • F. Form: Memorandum Supporting Demurrer (Rent-Controlled Jurisdiction) 13.45
    • G. Form: Memorandum Supporting Demurrer and Alternative Motion to Strike (Previous Action Between Parties) 13.46
    • H. Form: Memorandum Supporting Motion to Strike Allegation of Improper Damages 13.47
  • VI. FILING FEES 13.48
  • VII. EXTENSION OF TIME TO PLEAD 13.49
  • VIII. MOTION FOR JUDGMENT ON PLEADINGS 13.50
  • IX. SPECIAL (ANTI-SLAPP) MOTION TO STRIKE 13.51

14

Answering and Alleging Affirmative Defenses

  • I. RIGHT TO ANSWER 14.1
  • II. USE OF JUDICIAL COUNCIL FORMS 14.2
  • III. TIME TO ANSWER 14.3
  • IV. GOOD CAUSE TO EXTEND TIME TO ANSWER
    • A. Length of Extension 14.4
    • B. Steps Tenant Should Take to Get Extension of Time to File Answer 14.5
    • C. Form: Ex Parte Application for Order Extending Time to Plead 14.5A
  • V. DENIALS 14.6
  • VI. BASES FOR DENIALS 14.7
  • VII. AFFIRMATIVE DEFENSES 14.8
    • A. Priority of Title After Foreclosure Sale 14.9
    • B. Implied Warranty of Habitability and Retaliatory Eviction 14.10
    • C. "Equitable" Defenses 14.11
    • D. Laches 14.12
    • E. Other Affirmative Defenses 14.13
    • F. Illegal Discrimination 14.13A
      • 1. Violation of Unruh Civil Rights Act as Defense 14.14
        • a. Application of Unruh Act to Landlords 14.15
        • b. Prohibition of Arbitrary Discrimination Under Unruh Act 14.16
        • c. Minimum Income Policy 14.17
        • d. Examples of Reach of Unruh Act 14.18
      • 2. Discrimination Based on Age
        • a. Discrimination Against Families With Children 14.19
        • b. Senior Citizen Housing 14.20
      • 3. Discrimination Under Federal Fair Housing Laws 14.21
      • 4. Discrimination Under California Fair Employment and Housing Act 14.22
      • 5. Family Day Care Home 14.22A
      • 6. Immigration Status 14.22B
      • 7. Domestic Violence 14.22C
      • 8. Medical Marijuana Use 14.22D
    • G. Other Violations of Housing Statutes and Ordinances
      • 1. Certificate of Occupancy Violations 14.23
      • 2. Landlord's Duty to Repair; "Repair and Deduct" Statutes (CC §§1941–1942.5) 14.24
      • 3. Violation of Tenantability Statutes (CC §1942.4) 14.24A
        • a. Indications That Premises Are Untenantable 14.25
        • b. Conditions Rebuttably Presumed to Breach Habitability Requirements 14.26
        • c. If Tenant Causes Condition of Premises 14.27
        • d. Tenant's Remedies 14.28
        • e. Waiver of Tenant's Rights 14.29
      • 4. Statutory Violations Under Rent Control 14.30
    • H. Fraud 14.31
    • I. Adhesion Contract 14.32
    • J. Waiver and Estoppel 14.33
    • K. Express Promise to Repair 14.34
      • 1. Dependent or Independent Covenants 14.35
      • 2. Oral Promise Made Before Written Lease 14.36
        • a. Consideration 14.37
        • b. Statute of Frauds 14.38
        • c. Parol Evidence Rule as Applied to Leases 14.39
        • d. Dependency of Covenants 14.40
      • 3. Tenant's Arguments for Admission of Oral Promise Made Before or at Time of Execution of Written Agreement 14.41
      • 4. Oral Promise Made Before Entry Into Oral Lease 14.42
      • 5. Promise Made Subsequent to Lease 14.43
      • 6. When Tenant Makes Promise to Repair 14.43A
    • L. Implied Covenant of Good Faith 14.44
    • M. Actual Partial Eviction 14.45
    • N. Notice Served More Than One Year After Rent Due 14.46
    • O. Breach of Covenant of Quiet Enjoyment 14.47
    • P. Offsets 14.48
    • Q. When Tenant Has Vacated Premises 14.49
  • VIII. VERIFICATION 14.50
  • IX. FILING ANSWER AFTER RULING ON DEMURRER 14.51
  • X. EXTENSION OF TIME TO PLEAD 14.52
  • XI. AMENDING ANSWER 14.53
  • XII. CROSS-COMPLAINTS 14.54
    • A. When Tenant Has Vacated Premises 14.55
    • B. When Landlord Fails to Challenge Cross-Complaint 14.56
    • C. Procedure 14.57
  • XIII. FORMS
    • A. Form: Answer" Unlawful Detainer (Judicial Council Form UD-105) 14.58
    • B. Form: Answer to Judicial Council Form Complaint With Affirmative Defenses 14.59
    • C. Form: General Denial (Judicial Council Form PLD-050) 14.60

15

Affirmative Defenses" Implied Warranty of Habitability

  • I. INTRODUCTION
    • A. Adoption of Implied Warranty of Habitability: Hinson v Delis; Green v Superior Court 15.1
    • B. Definition of Implied Warranty of Habitability 15.2
    • C. Supreme Court Rationale in Adopting Implied Warranty Doctrine 15.3
    • D. Landlord May Be Held in Breach Even if Another Is Responsible for Defect 15.4
    • E. Time Within Which Landlord Must Correct Defects 15.5
  • II. USES OF IMPLIED WARRANTY OF HABITABILITY DOCTRINE 15.6
    • A. When Warranty Used in Suit for Affirmative Damages and Other Relief 15.7
    • B. Procedure When Using Warranty as Defense in Unlawful Detainer Action 15.8
    • C. Effect of Tenant Prevailing at Trial on Warranty Defense 15.9
  • III. ESTABLISHING BREACH OF WARRANTY
    • A. Facilities Covered 15.10
      • 1. Government-Owned Housing 15.11
      • 2. Portions of Premises Covered by Warranty of Habitability 15.12
    • B. Housing and Building Code Violations
      • 1. Sources of Housing and Building Code Standards 15.13
      • 2. Examples of Housing and Building Code Violations 15.13A
      • 3. Jury Instructions Relating to Code Violations 15.14
      • 4. Defects Actionable Under Implied Warranty or Negligence But Not Covered by Housing and Building Codes 15.15
    • C. Failure to Protect Tenants From Criminal Acts 15.16
      • 1. Determining Whether Landlord Has a Duty to Protect Against Criminal Acts 15.17
      • 2. Examples of Duty Not Found or Duty Held Not Breached 15.18
      • 3. Examples of Duty Found or Landlord Held in Breach 15.19
      • 4. Breach of Duty Raised by Allegation of Breach of Implied Warranty 15.20
      • 5. Level of Security at Time Tenant Moves Into Premises 15.21
      • 6. Proving Causation 15.21A
    • D. Seriousness of Defects
      • 1. Requirement That Defects Be Serious 15.22
      • 2. Examples of Defects Held Serious Enough to Constitute Breach of Implied Warranty 15.23
      • 3. Evidence of Breach 15.24
        • a. Proving That Existing Conditions Violate Code 15.25
        • b. Presumption of Breach of Habitability Standards 15.26
        • c. Viewing the Premises 15.27
    • E. Special Problems
      • 1. Premises Uninhabitable at Inception of Tenancy 15.28
      • 2. Premises Become Uninhabitable After Tenant Is Served With Notice of Termination 15.29
      • 3. Waiver of Warranty 15.30
      • 4. Defect Caused by Tenant's Wrongful Action 15.31
      • 5. Defects Caused by Acts of Nature 15.32
  • IV. NOTICE OF DEFECT 15.33
  • V. REASONABLE TIME TO REPAIR NOT REQUIRED 15.34
  • VI. PROTECTIVE ORDERS 15.35
    • A. When Protective Orders Are Appropriate 15.36
    • B. Advantages to Tenant of Voluntary Deposit Into Attorney's Trust Account 15.37
  • VII. DAMAGES FOR BREACH OF IMPLIED WARRANTY 15.38
    • A. Relief Based on Affirmative Defense of Breach of Implied Warranty 15.39
      • 1. Period During Which Damages Accrue 15.40
      • 2. Tenant Must Pay "Reasonable Rent" Even if Warranty Breached 15.41
      • 3. Various Approaches to Measuring Damages 15.42
        • a. "Difference-in-Value" Approach 15.43
        • b. "Discomfort-and-Annoyance" Approach 15.44
        • c. "Percentage-Reduction-of-Use" Approach 15.45
      • 4. Limits on Amount by Which Rent May Be Reduced 15.46
      • 5. Amount of Rent Reduction in Subsidized Housing 15.46A
      • 6. Nominal Damage Awards 15.47
    • B. Actions Brought Under CC §1942.4 15.48
    • C. Actions Based on Tort of Breach of Implied Warranty 15.49
    • D. Hybrid View of Warranty of Habitability" Contract and Tort 15.50
  • VIII. EFFECT OF RECENT PURCHASE OF PROPERTY BY LANDLORD 15.51
  • IX. LACK OF CERTIFICATE OF OCCUPANCY 15.52

16

Affirmative Defenses" Retaliatory Evictions

  • I. LEGAL FRAMEWORK 16.1
  • II. SEVERAL SOURCES OF LAW MAY APPLY SIMULTANEOUSLY 16.2
    • A. Civil Code §1942.5
      • 1. Tenants' Actions on Habitability (CC §1942.5(a))
        • a. Protected Parties and Acts 16.3
        • b. Limitations on Protection
          • (1) Tenant Cannot Be in Default in Payment of Rent 16.4
          • (2) Tenant May Not Invoke CC §1942.5(a) More Than Once a Year 16.5
          • (3) Protective Period Under CC §1942.5 Limited to 180 Days 16.6
          • (4) Defense Unavailable in Ellis Act Evictions 16.6A
      • 2. Tenant Union Activity (CC §1942.5(c)) 16.7
      • 3. Exercise of "Rights Under Law" (CC §1942.5(c)) 16.8
        • a. Additional Examples of Acts Protected by CC §1942.5(c) 16.9
        • b. Examples of Acts Protected Before Enactment of CC §1942.5 16.10
      • 4. Tenant Cannot Waive Rights (CC §1942.5(d)) 16.11
      • 5. Notice and Burden of Proof (CC §1942.5(e)) 16.12
      • 6. Procedure for Proving Retaliation When Landlord Includes Grounds in Notice (CC §1942.5(e)) 16.13
      • 7. Remedies (CC §1942.5(f)–(g)); Punitive Damages and Attorney Fees 16.14
      • 8. Remedies Not Exclusive (CC §1942.5(h)) 16.15
    • B. Public Policy; Retaliation for Refusal to Commit Crime Improper 16.16
    • C. Victims of Domestic Violence 16.16A
    • D. Other Statutory Rights
      • 1. Retaliation Based on Tenant's Assertion of Statutory Rights; Implied Protection 16.17
      • 2. Retaliation Based on Tenant's Assertion of Statutory Rights; Express Statutory Protection 16.18
      • 3. Common Law 16.19
      • 4. Local Rent Control Ordinances 16.20
      • 5. Constitution 16.21
  • III. LIMITATIONS ON RETALIATORY EVICTION DEFENSE 16.21A
  • IV. PROOF OF RETALIATORY MOTIVE
    • A. Sole or Dominant Motive 16.22
    • B. Treatment of Mixed Motives in Labor Law 16.23
    • C. Presumptions and Burden of Proof 16.24
    • D. Evidence 16.25
    • E. Analogies Drawn From Labor Law to Prove Retaliatory Motive 16.26
    • F. Form: Affirmative Defense on Ground of Retaliatory Eviction 16.27

17

Special Considerations Governing Evictions in Rent-Controlled Cities

Myron Moskovitz

Sonya Bekoff Molho

Steven A. MacDonald

Denise McGranahan

Sallyann Molloy

  • I. SCOPE OF LOCAL RENT CONTROL ORDINANCES
    • A. Local Control Versus State Preemption 17.1
    • B. Statewide Vacancy Decontrol
      • 1. Existing Housing 17.1A
        • a. Phase-in Periods 17.1B
        • b. Lease Restrictions on Subletting Allowed 17.1C
        • c. Exceptions to Preemptive Effect 17.1D
      • 2. New Construction and Single-Unit Exclusions 17.1E
        • a. Phase-in Periods for Condominiums and Single-Family Homes 17.1F
        • b. Exceptions to Preemptive Effect 17.1G
      • 3. Demolition and Reconstruction 17.1H
  • II. PRACTICE CONSIDERATIONS IN RENT CONTROL JURISDICTIONS 17.2
  • III. CITIES SUBJECT TO RENT CONTROL 17.3
  • IV. EVICTIONS AND RENT CONTROL
    • A. Overview of Eviction Control Ordinances
      • 1. State Laws Versus Local Ordinances 17.4
      • 2. Negotiating Around Eviction Controls 17.4A
    • B. Just Cause for Eviction 17.5
      • 1. Failure to Pay Rent 17.6
      • 2. Failure to Cure Violation of Rental Agreement 17.7
      • 3. Conduct Constituting a Nuisance 17.8
      • 4. Use of Premises for Illegal Purpose 17.9
      • 5. Refusal to Permit Landlord's Access to Premises 17.10
      • 6. Refusal to Execute New Lease 17.11
      • 7. Subletting 17.12
      • 8. Violation of Lease Restricting Occupancy 17.12A
        • a. Exception: Relative or Domestic Partner of Tenant 17.12B
        • b. Exception: Surviving Relative of Deceased Tenant 17.12C
        • c. Exception: Landlord Knowingly Accepts Rent From Occupant 17.12D
      • 9. Rehabilitation of Unit 17.13
      • 10. Demolition or Conversion of Units" Ellis Act Evictions 17.14
        • a. Constitutional Challenges; Preemption; Contractual Waivers 17.14A
        • b. Effect of Other State Laws 17.14B
      • 11. Occupancy by Owner or Owner's Relative 17.15
        • a. Representing Tenants in Evictions for Owner Occupancy 17.16
        • b. Good Faith in Owner-Occupancy and Other Types of Evictions 17.17
          • (1) Litigation Privilege Limitation 17.17A
          • (2) Negotiated Evictions 17.17B
          • (3) Anti-SLAPP Limitation 17.17C
      • 12. Grounds Not Stated in Ordinance: Termination of Manager; Foreclosure 17.18
      • 13. Failure to Use Premises as Principal Residence 17.18A
    • C. Notice and Pleading Requirements 17.19
    • D. Burdens of Proof and Presumptions 17.20
    • E. Defenses to Evictions 17.21
    • F. Statute of Limitations 17.22
    • G. Damages for Unlawful Evictions 17.23
    • H. Attorney Fees 17.24
    • I. Relocation Payments 17.24A
  • V. NEGOTIATING AND DEFENDING ELLIS ACT EVICTIONS
    • A. Preliminary Considerations
      • 1. Scope of Ellis Act 17.25
      • 2. Representing Organized Tenants 17.26
      • 3. Factual Investigation
        • a. Review Notices and Status of All Affected Units 17.27
        • b. Explain Ellis Process to Client 17.28
        • c. Ascertain Client's Age, Health, and Economic Status 17.29
        • d. Investigate Unexpired Leases 17.30
    • B. Relocation Benefits 17.31
      • 1. Benefits Available for Displaced Tenants Regardless of Income 17.32
      • 2. Landlord's Misrepresentation of Availability of Benefits 17.33
      • 3. Documentation Proving Eligibility 17.34
      • 4. Other Issues Affecting Payment of Benefits
        • a. Timely Payment 17.35
        • b. Waiver of Relocation Fees 17.36
        • c. One Fee per Unit 17.37
        • d. Services In Lieu of Fees 17.38
        • e. Failure to Pay Fees 17.39
    • C. Technical Defenses Based on Notice and Filing Requirements 17.40
    • D. Unexpired Leases 17.41
    • E. Tenant's Options Regarding Unlawful Detainer Action Under Ellis Act
      • 1. Answering the Complaint 17.42
      • 2. Retaliatory Eviction Defense Limited 17.43
      • 3. Failure to Take All Units Off Market 17.44
      • 4. Other Possible Defenses 17.45
    • F. Discovering Violations After Eviction
      • 1. Use of Ellis Act to Move Out Long-Term Tenants 17.46
      • 2. Use of Post-Ellis Property for Home Ownership 17.47
        • a. Effect of State and Local Subdivision Laws 17.48
        • b. Effect of State and Local Laws Regulating Apartment Conversions 17.49

18

Special Considerations Governing Evictions From Federally Assisted Housing

Catherine M. Bishop

Nancy Ann Palandati

Deborah A. Collins

  • I. "FEDERALLY ASSISTED LOW-INCOME HOUSING" DEFINED 18.1
  • II. ASCERTAINING WHETHER TENANT LIVES IN FEDERALLY ASSISTED HOUSING AND, IF SO, WHAT KIND 18.2
  • III. TYPES OF FEDERALLY ASSISTED HOUSING PROGRAMS 18.3
    • A. Public Housing 18.3A
    • B. Section 8 18.3B
    • C. HUD-Assisted and -Subsidized Housing 18.3C
    • D. HUD-Assisted Units Threatened With Prepayment of Mortgage or Opt-Out of Section 8 Contract 18.3D
    • E. Rural Housing Service (RHS) Subsidized Rental Housing 18.3E
    • F. Low-Income Housing Tax Credit (LIHTC) 18.3F
    • G. Other State and Local Programs 18.3G
  • IV. SUBSTANTIVE RIGHTS IN EVICTION ACTIONS
    • A. Application of Federal, State, and Local Laws 18.4
    • B. Evictions After Foreclosure; Preemptive Laws Governing Evictions 18.4A
    • C. Good Cause Requirement 18.5
      • 1. Public Housing 18.6
      • 2. Project-Based Section 8 and HUD-Assisted and -Subsidized Housing 18.7
      • 3. Section 8 Housing Choice Voucher Program 18.8
      • 4. Rural Housing Service (RHS) Rental Housing 18.9
      • 5. State and Local Housing Programs for Low-Income Families 18.10
      • 6. Other Programs for Low-Income Families 18.11
    • D. Facts Constituting Good Cause 18.12
      • 1. Failure to Pay Rent 18.13
      • 2. Serious Tenant Wrongdoing, Including Criminal Activity
        • a. Violation of Lease or State or Federal Law 18.14
        • b. Drug or Criminal Activity
          • (1) Statutory Authorization and Standards for Eviction 18.15
          • (2) Federal Standards Upheld in Rucker 18.16
          • (3) When State Law Standards Apply 18.16A
          • (4) Aftermath of Rucker; Unresolved Issues 18.17
          • (5) Permission to Obtain Criminal Records, Drug Treatment Information 18.17A
        • c. Exception: Victims of Domestic Violence Protected 18.17B
      • 3. Violation of Program Regulations 18.18
      • 4. Examples of Improper Grounds for Evicting Tenant 18.19
    • E. Defending Evictions
      • 1. Project Owner's Abuse of Power 18.20
      • 2. Defensive Strategies in PHA Evictions 18.20A
      • 3. Bankruptcy Discharge of Delinquent Rent in Public or Subsidized Housing 18.20B
  • V. EVICTION PROCEDURES: NOTICE AND ADMINISTRATIVE HEARING OR MEETING 18.21
    • A. Notice Requirements 18.22
    • B. Pretermination Grievance Hearing or Meeting 18.23
    • C. Notice and Hearing Required Before Forfeiture Under Federal Antidrug Statute 18.24
    • D. Relief From Forfeiture 18.25
  • VI. DAMAGES MAY BE AWARDED FOR WRONGFUL EVICTION FROM FEDERALLY ASSISTED HOUSING 18.26
  • VII. ENJOINING EVICTIONS FROM FEDERALLY ASSISTED HOUSING 18.27

19

Special Considerations Governing Evictions in Commercial Tenancies

Myron Moskovitz

Clifford R. Horner

  • I. OVERVIEW OF UNLAWFUL DETAINER IN COMMERCIAL TENANCIES 19.1
  • II. THREE-DAY NOTICE TO PAY RENT OR QUIT
    • A. Lease Provisions May Affect Eviction Procedures 19.2
    • B. Statutory Requirements
      • 1. Estimated Rent (CCP §1161.1) 19.3
      • 2. When Rent Is Not Estimated 19.4
      • 3. Additional Rent 19.4A
      • 4. Service Requirements 19.5
      • 5. Landlord's Acceptance of Partial Tender of Rent 19.6
    • C. Tenant Strategies 19.6A
  • III. THREE-DAY NOTICE FOR VIOLATION OF COVENANT OR CONDUCT OTHER THAN NONPAYMENT OF RENT 19.7
    • A. Covenants Restricting Assignments
      • 1. Common Law Rules 19.8
      • 2. Statutory Law 19.9
    • B. Covenants Regarding Tenant Improvements 19.9A
    • C. Covenants Prohibiting Waste or Requiring Tenant to Maintain and Repair Premises 19.9B
    • D. Covenants Restricting Changes in Use 19.10
  • IV. TERMINATION NOTICES FOLLOWING FORECLOSURE 19.10A
  • V. TERMINATION UNDER EXPRESS LEASE PROVISIONS 19.10B
  • VI. DEFENDING EVICTION BY ASSERTING BREACH OF LEASE BY LANDLORD
    • A. Covenant to Repair; Implied Warranty of Habitability
      • 1. Dependent Versus Independent Covenants 19.11
      • 2. Argument Favoring Adoption of Dependent Covenant Doctrine in Commercial Leases 19.12
        • a. Minimize Litigation 19.13
        • b. Eliminate Unfair Burdens on Tenant 19.14
        • c. Protect Tenant's Right to Pursue Livelihood 19.15
        • d. No Impact on Summary Nature of Unlawful Detainer 19.16
        • e. Out-of-State Decisions Favor Interdependent Covenants 19.17
      • 3. Effect of Toxic Mold Legislation 19.17A
    • B. Covenant of Quiet Enjoyment 19.18
    • C. Other Contractual Defenses 19.18A
    • D. Implied Warranty of Fitness 19.19
    • E. Implied Covenant of Good Faith 19.20
      • 1. Duty to Maintain Third Party Leases 19.21
      • 2. Sublessor Required to Exercise Option to Extend Master Lease 19.22
      • 3. "No Compete" Covenant Applied to Expansion of Shopping Center 19.23
      • 4. Good Faith Covenant Applied in Favor of Landlord 19.24
  • VII. NONCONTRACTUAL DEFENSES TO COMMERCIAL EVICTION ACTIONS
    • A. Retaliatory Eviction 19.25
    • B. Good Cause to Terminate Petroleum Distributorship 19.26
    • C. Equitable Defenses 19.27
  • VIII. LANDLORD'S RIGHT OF ENTRY PENDING EVICTION 19.28
  • IX. DISPOSING OF TENANT'S PROPERTY LEFT ON THE PREMISES 19.29

20

Effect of Sale of Property on Unlawful Detainer Proceedings

  • I. EFFECT OF SALE OF PROPERTY ON TENANCY 20.1
    • A. Sale Before Eviction Action Is Begun 20.2
    • B. Sale After Eviction Action Has Begun 20.3
  • II. EVICTING AFTER SALE
    • A. Use of 3-Day Notice Under CCP §1161a(b) 20.4
    • B. Use of 30-Day Notice on Residential Owner's Tenant or 60-Day or 90-Day Notice After Foreclosure 20.5
      • 1. Eviction Criteria and 30-Day Notice Under CCP §1161a(c) 20.5A
      • 2. Eviction Criteria and Notice Periods Under CCP §§1161a and 1161b 20.6
      • 3. Additional Preforeclosure Notice of Sale 20.7
      • 4. 90-Day Notice Under Federal Law Has Expired 20.8
    • C. Litigating Title in Unlawful Detainer Action
      • 1. Plaintiff's Burden of Proof in Postsale Eviction 20.8A
      • 2. Defending on Tenant's Having Interest Superior to That of New Owner 20.8B
      • 3. Defending on Plaintiff's Lack of Title 20.9
    • D. Effect of Local Eviction Control Ordinances 20.10
    • E. Effect of Section 8 Eviction Controls 20.11
    • F. Postforeclosure Bank Eviction Policies 20.12
    • G. Defending Postforeclosure Evictions: Title Dispute, Improper Foreclosure, or Improper Notice Following Foreclosure 20.13
    • H. Effect of Eviction Action on Suit to Set Aside Sale 20.13A
  • III. UTILITY CUTOFFS 20.14

21

Effect of Filing Bankruptcy on Proceedings in Unlawful Detainer

  • I. EFFECT OF TENANT FILING BANKRUPTCY
    • A. Automatic Stay on Evictions 21.1
    • B. Exceptions to Stay for Residential Tenancies
      • 1. Stay Not Applicable After Entry of Judgment for Eviction Unless Tenant Shows Ability to Cure Default in Rent Payment 21.1A
      • 2. Stay Not Applicable When Eviction Is Based on Endangerment of Property or Illegal Use of Controlled Substance 21.1B
    • C. Significant Changes Under 2005 Act 21.1C
    • D. Rent-Controlled Units as Protectable Property of the Estate 21.1D
  • II. LITIGATION ARISING FROM AUTOMATIC STAY
    • A. Landlord May Seek Relief From Automatic Stay 21.2
    • B. Tenant May Seek Damages for Violation of Stay 21.2A
  • III. PENALTIES FOR IMPROPER FILING OF BANKRUPTCY 21.3
  • IV. LEASE CLAUSES PURPORTING TO TERMINATE LEASE ON FILING OF BANKRUPTCY 21.4
  • V. TERMINATION OF UTILITIES AND OTHER SERVICES 21.5
  • VI. ASSUMPTION OF LEASE 21.6
  • VII. SECURITY DEPOSITS 21.7
  • VIII. DISADVANTAGES TO TENANT OF FILING FOR BANKRUPTCY 21.8
  • IX. FILING PETITION IN BANKRUPTCY AS TACTIC IN UNLAWFUL DETAINER ACTION 21.9

22

Summary Judgment

  • I. PURPOSE OF MOTION FOR SUMMARY JUDGMENT 22.1
  • II. TIMING OF MOTION 22.2
  • III. BURDEN OF PROOF 22.2A
  • IV. FACTUAL BASES FOR TENANT'S MOTION FOR SUMMARY JUDGMENT 22.3
  • V. MOVING PARTY'S SUPPORTING PAPERS 22.4
  • VI. OPPOSING PARTY'S COUNTERDECLARATIONS; ORDERS 22.5
  • VII. SUMMARY ADJUDICATION OF ISSUES 22.6

23

Discovery

  • I. PURPOSE OF DISCOVERY 23.1
  • II. STATUTORY METHODS OF DISCOVERY 23.2
  • III. AVAILABILITY OF DISCOVERY IN UNLAWFUL DETAINER 23.3
  • IV. DEFENSE STRATEGY SHOULD INCLUDE PLAN FOR DISCOVERY 23.4
  • V. FORMAL AND INFORMAL DISCOVERY METHODS 23.5
  • VI. FORMULATING A DISCOVERY PLAN
    • A. When to Make and Implement Plan 23.6
    • B. Coordinating Various Discovery Techniques 23.7
    • C. Timeline for Initiating Tenant Discovery Directed to Landlord 23.8
    • D. Actions to Take if Discovery Cannot Be Completed Before Trial Date 23.9
  • VII. PURSUING DISCOVERY BEFORE ACTION IS FILED 23.10
    • A. Methods of Discovery Available Before Action Is Filed 23.11
    • B. Procedure for Pursuing Discovery Before Action Is Filed 23.12
    • C. Usefulness of Pursuing Discovery Before Action Is Filed 23.13
  • VIII. DISCOVERY AFTER SUMMONS AND COMPLAINT ARE SERVED 23.14
    • A. Time Limits on Responding to Discovery Requests 23.15
    • B. Preventing Setting of Trial Date Before Discovery Is Complete 23.16
    • C. Petitioning for Writ of Mandate if Court Refuses to Extend Trial Date 23.17
  • IX. METHODS OF DISCOVERY 23.18
    • A. Oral Depositions 23.19
      • 1. Usefulness of Depositions 23.20
      • 2. Expense of Depositions 23.21
      • 3. Procedure for Oral Depositions
        • a. When Deposition May Be Taken 23.22
        • b. Setting Depositions of Parties 23.23
        • c. Setting Depositions of Nonparties 23.24
        • d. Witness and Mileage Fees 23.25
        • e. Procedures at Deposition 23.26
        • f. Inspection of Documents at Deposition 23.27
        • g. Reviewing, Correcting, and Approving Deposition 23.28
    • B. Written Interrogatories 23.29
      • 1. Usefulness of Written Interrogatories 23.30
      • 2. Disadvantages of Written Interrogatories 23.31
      • 3. Limit on Number of Interrogatories That May Be Propounded 23.32
      • 4. Form: Declaration for Additional Discovery 23.33
      • 5. Procedure for Propounding Written Interrogatories 23.34
    • C. Pretrial Demand for Production of Documents or Inspection 23.35
      • 1. Usefulness of Demand for Production 23.36
      • 2. Introduction Into Evidence of Documents Produced 23.37
      • 3. Tactical Considerations in Requesting Production 23.38
      • 4. Protective Orders Against Request for Production 23.39
    • D. Requests for Admissions 23.40
      • 1. Usefulness of Requests for Admissions 23.41
      • 2. Procedure for Requests for Admissions 23.42
      • 3. Form: Declaration in Support of Request for Additional Admissions 23.43
      • 4. Effect of Failure to Respond to Request for Admissions 23.44
      • 5. Effect of Failure to Admit Fact Later Found True 23.45
      • 6. Requests for Admissions May Not Be Combined With Other Discovery Requests 23.46
      • 7. Effect of Admission Made in Response to Request 23.47
      • 8. Admissions and Responses Are Not Filed But Retained by Parties 23.48
  • X. SANCTIONS FOR REFUSAL TO MAKE DISCOVERY 23.49
    • A. Categories of Sanctions That May Be Imposed 23.50
    • B. What Constitutes Misuse of Discovery Process 23.51
    • C. Specific Sanctions That Court May Impose 23.52
  • XI. ADDITIONAL FORMS
    • A. Form: Defendant's Specially Prepared Interrogatories to Plaintiff 23.53
    • B. Form: Defendant's Request for Production of Documents 23.54

24

Rights of Occupants Not Named in Lease

  • I. OCCUPANTS WHO ARE NOT NAMED IN LEASE 24.1
  • II. PREJUDGMENT CLAIM OF RIGHT TO POSSESSION 24.2
    • A. Service of Prejudgment Claim to Right to Possession Form
      • 1. Service by Marshal, Sheriff, or Process Server 24.3
      • 2. Time of Service 24.4
      • 3. Service on Occupants Other Than Tenant or Subtenant 24.5
    • B. Effect of Proper Service by Landlord of Prejudgment Claim Form 24.6
    • C. Effect of Inadequate Service by Landlord of Prejudgment Claim Form 24.7
    • D. Form: Prejudgment Claim of Right to Possession (Judicial Council Form CP10.5) 24.8
  • III. POSTJUDGMENT CLAIM OF RIGHT TO POSSESSION 24.9
    • A. Removal of Occupant by Sheriff or Marshal 24.10
    • B. Procedure by Occupant in Making Postjudgment Claim of Right to Possession 24.11
    • C. Form: Claim of Right to Possession and Notice of Hearing (Judicial Council Form CP10) 24.12
  • IV. HEARING ON CLAIM OF RIGHT TO POSSESSION 24.13
  • V. PROCEDURE AT HEARING ON CLAIM OF RIGHT TO POSSESSION 24.14
  • VI. PROCEEDING WITH ENFORCEMENT OF WRIT OF POSSESSION 24.15

25

Trial

  • I. SETTING CASE FOR TRIAL
    • A. Request and Counter-Request to Set Trial 25.1
    • B. Form: Request/Counter-Request to Set Case for Trial" Unlawful Detainer (Judicial Council Form UD-150) 25.1A
    • C. Setting Date for Trial 25.2
    • D. Effects of Local Practices 25.3
      • 1. Trial by Temporary Judge 25.4
      • 2. Procedure After Trial Date Is Set 25.5
    • E. Resetting Trial Date 25.6
      • 1. Procedure if Parties Do Not Agree on New Trial Date 25.7
      • 2. Determining Whether Moving Party Has Shown Good Cause 25.8
      • 3. Determining Whether There Is Reasonable Probability Plaintiff Will Prevail at Trial 25.9
      • 4. Determining Damages Landlord Might Suffer 25.10
      • 5. Reduction of Damages Based on Diminution of Value or Setoff 25.11
      • 6. Order to Deposit Potential Damages 25.12
      • 7. Advancing Trial Date on Tenant's Failure to Make Deposit 25.13
      • 8. Costs of Escrow Recoverable by Prevailing Party 25.14
      • 9. Distribution of Funds Held in Escrow After Trial 25.15
  • II. IF TENANT VACATES PREMISES BEFORE TRIAL 25.16
  • III. CASE MANAGEMENT CONFERENCE 25.17
  • IV. RIGHT TO JURY TRIAL 25.18
    • A. Jury Instructions 25.19
    • B. Waiver of Jury Trial
      • 1. Bases for Waiver 25.20
      • 2. Requesting Jury Trial After Waiver 25.21
      • 3. Tenant's Right to Jury Trial on Equitable Issues 25.22
        • a. Examples of Legal Issues 25.23
        • b. Examples of Equitable Defenses 25.24
    • C. Jury Verdicts
      • 1. General and Special Verdicts 25.24A
      • 2. Judgment Based on Jury Verdict 25.24B
  • V. DISQUALIFYING JUDGE 25.25
    • A. Challenge for Cause (CCP §170.1) 25.26
      • 1. Conditions That May Not Be Used as Grounds to Disqualify Judge 25.27
      • 2. Bias or Prejudice 25.28
      • 3. Procedure for Disqualification 25.29
    • B. Peremptory Challenges (CCP §170.6)
      • 1. Grounds for Challenge 25.30
      • 2. Procedure for Peremptory Challenges 25.31
      • 3. Time Limits for Moving to Challenge 25.32
      • 4. Effect of Challenge; Reviewable by Writ 25.33
    • C. Tactical Considerations 25.34
  • VI. SUBPOENAS
    • A. Subpoenas for Witnesses 25.35
    • B. Subpoena Not Necessary to Require Attendance of Party or Agent 25.36
    • C. Service of Subpoena 25.37
    • D. Fees for Appearing in Court in Response to Subpoena 25.38
    • E. Subpoena Duces Tecum (Books and Papers) 25.39
      • 1. Service of Subpoena Duces Tecum; Affidavit of Good Cause Necessary 25.40
      • 2. Fees for Appearing in Court in Response to Subpoena Duces Tecum 25.41
      • 3. Subpoena Duces Tecum Not Necessary for Party 25.42
    • F. Penalties for Disobeying Subpoena 25.43
  • VII. EVIDENCE PROBLEMS
    • A. Prima Facie Case; Nonsuit 25.44
    • B. Proof of Tenant's Possession 25.45
    • C. Proof of Service of Notice 25.46
    • D. Proof of Rent Due 25.47
    • E. Judicial Notice 25.48
    • F. Use of Books and Records 25.49
    • G. Laying Foundation for Admission of Business Record 25.50
    • H. Proof of Damages 25.51
    • I. Waiver of Rent During Trial 25.52
    • J. Proving Retaliatory Eviction 25.53
      • 1. Strength of Retaliatory Motive 25.54
      • 2. Evidence of "Just Cause" to Evict 25.55
      • 3. Evidence of Retaliatory Motive
        • a. Evidence Inferred by Conduct 25.56
        • b. Indirect Evidence 25.57
    • K. Fees for Appointment of Interpreter 25.58
  • VIII. TRIAL BRIEFS 25.59
  • IX. CONTINUANCES 25.60
    • A. Grounds for Continuance 25.61
      • 1. Unavailability of Counsel 25.62
      • 2. Unavailability of Party 25.63
      • 3. Unavailability of Witness 25.64
      • 4. Other Grounds for Granting Continuance 25.65
      • 5. Unexpected Testimony 25.66
    • B. Procedure for Obtaining Continuance 25.67
      • 1. Good Cause Required 25.68
      • 2. Stipulation for Continuance 25.69
      • 3. Conditions for Obtaining Continuance 25.70
      • 4. Appealability of Order Denying Continuance 25.71
  • X. DEFAULTS AT TRIAL 25.72
  • XI. CONFORMING PLEADINGS TO PROOF
    • A. General Law for Ordinary Civil Actions 25.73
    • B. Special Law for Unlawful Detainer Complaints
      • 1. Amendment Based on Trial Evidence 25.74
      • 2. Amendments Before Trial Excluded 25.75
      • 3. Permissible Scope of Amendments 25.76
    • C. Amended Versus Supplemental Complaint 25.77
  • XII. STATEMENT OF DECISION 25.78
  • XIII. ADDITIONAL FORMS
    • A. Form: Defendant's Motions in Limine 25.79
    • B. Defendant's Proposed Jury Instructions
      • 1. Form: Caption; Standard and Special Jury Instructions 25.80
      • 2. Form: Instruction on Definitions in Unlawful Detainer Actions 25.81
      • 3. Form: Instruction on Burden of Proof: Plaintiff 25.82
      • 4. Form: Instruction on Burden of Proof: Defendant 25.83
      • 5. Form: Instruction on Tenant's Exercise of Rights Under the Law: Definition 25.84
      • 6. Form: Instruction on Unclean Hands Defense 25.85
      • 7. Form: Instruction on Rent and Damages: Preliminary Instruction 25.86
      • 8. Form: Instruction on Requirement of Strict Compliance With Notice Laws and Procedures 25.87
      • 9. Form: Instruction on Retaliatory Eviction: Preliminary Instruction 25.88
      • 10. Form: Instruction on Service of Notice Requirements 25.89
      • 11. Form: Instruction on Notice Not Personally Served; Computation of Time 25.90
      • 12. Form: Instruction on Retaliatory Eviction; CC §1942.5 25.91
      • 13. Form: Instruction on Contract Performance as Precondition to Enforcement 25.92
      • 14. Form: Instruction on Notice Requirements: 3-day Notice 25.93
      • 15. Form: Instruction on Rent and Damages: Definitions 25.94
      • 16. Form: Instruction on Rent and Damages: Fair Rental Value Defined 25.95
      • 17. Form: Instruction on Statutory Damages; "Malice" 25.96
      • 18. Form: Instruction on Controlled Rent Increases: Preliminary Instruction 25.97
      • 19. Form: Instruction on Whether Premises Is Covered by Berkeley Rent Control Law 25.98
      • 20. Form: Instruction on Habitability Obligation: Preliminary Instruction 25.99
      • 21. Form: Instruction on Habitability Obligation: Sources of Law and Standards 25.100
      • 22. Form: Instruction on Habitability Obligation: Calculating Damages 25.101
      • 23. Form: Instruction on Habitability Obligation: Evidentiary Burdens 25.102
      • 24. Form: Instruction on Habitability Obligation: Presence of Asbestos 25.103
      • 25. Form: Instruction on Habitability Obligation: Definitions 25.104
      • 26. Form: Instruction on Habitability Obligation: Not Dependent on Landlord's Financial Ability 25.105
      • 27. Form: Instruction on Habitability Obligation: Duty to Inspect 25.106
      • 28. Form: Instruction on Case Consolidation 25.107
    • C. Form: Petition for Writ of Mandate and Application for Temporary Stay; Supporting Memorandum (CCP §1085) 25.108
    • D. Form: Order Directing Issuance of Alternative Writ of Mandate (CCP §1085) 25.109
    • E. Form: Alternative Writ of Mandate (CCP §1085) 25.110

26

Judgment

  • I. JUDGMENTS IN UNLAWFUL DETAINER ACTIONS 26.1
  • II. CONDITIONING JUDGMENT FOR TENANT ON PAYMENT OF RENT 26.2
  • III. TENANT MUST BE IN POSSESSION 26.3
  • IV. WHAT COURT CAN AWARD
    • A. Judgment Can Grant Possession of Premises 26.4
    • B. "Rent" and "Damages" 26.5
      • 1. Determining Whether Amount Due Is Rent or Damages; Period Covered 26.6
      • 2. Rent 26.7
      • 3. Apportionment of Rent 26.8
      • 4. Damages
        • a. Damages Occurring Before Holdover 26.9
        • b. Reasonable Rental Value During Holdover 26.10
        • c. Damages Against Subtenant 26.11
        • d. Damages After Judgment 26.12
        • e. Statutory Damages for Malicious Holdover 26.13
    • C. Forfeiture 26.14
    • D. Notice May Specify Election to Declare Forfeiture 26.15
    • E. Interest May Be Awarded 26.16
    • F. Costs May Be Awarded 26.17
    • G. Attorney Fees Authorized by Lease or Statute 26.18
      • 1. Reciprocity of Attorney Fee Provision 26.19
      • 2. Award of Fees Under Invalid Rental Agreement 26.20
      • 3. Prevailing Party 26.21
      • 4. Entitlement to Attorney Fees on Tender and Deposit of Amount Owed 26.22
      • 5. Prevailing Party When Tenant Raises Habitability as Affirmative Defense 26.23
      • 6. Size of Fee Award; Local Fee Schedules 26.24
      • 7. Fees Awardable After Settlement Offer Rejected 26.25
      • 8. Fees Awardable Beyond Court's Jurisdictional Limit 26.26
      • 9. Fees Awardable to Public Interest Attorneys 26.27
      • 10. Fees Awardable for All Issues Argued 26.28
      • 11. Attorney Fees Payable to Party" Not to Attorney 26.29
      • 12. Attorney Fees Awardable as Sanctions Regardless of Lease Provision 26.30
      • 13. Effect of Voluntary Dismissal
        • a. Under CC §1717 26.31
        • b. Under Statute or Ordinance 26.31A
      • 14. Fees Awardable for Enforcement of Right Important to Public Interest 26.32
      • 15. Procedures for Requesting Fees 26.33
      • 16. Related Statutes Providing for Award of Attorney Fees 26.34
    • H. Limitation on Award for Judgments in Superior Court of Less Than $10,000 26.35
    • I. Witness Fees May Be Awarded 26.36
    • J. Costs of Execution of Judgment May Be Recovered 26.37
  • V. EFFECT OF JUDGMENT ON CONSUMER CREDIT REPORTING 26.38
  • VI. RES JUDICATA AND COLLATERAL ESTOPPEL EFFECT OF JUDGMENT 26.38A
  • VII. UNLAWFUL DETAINER JUDGMENT FORMS
    • A. Form: Order for Judgment for Defendant Conditioned on Payment of Rent After Trial (Warranty of Habitability) 26.39
    • B. Form: Judgment" Unlawful Detainer (Judicial Council Form UD-110) 26.40
    • C. Form: Judgment" Unlawful Detainer Attachment (Judicial Council Form UD-110S) 26.41
    • D. Form: Stipulation for Entry of Judgment (Unlawful Detainer) (Judicial Council Form UD-115) 26.42
    • E. Form: Stipulation for Dismissal or Judgment; Repairs, Payment of Rent, Tenant Remains 26.43
    • F. Form: Stipulation for Dismissal or Judgment; Tenant Vacates Premises 26.44
  • VIII. EFFECT OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT 26.45

27

Posttrial Motions

  • I. POSTTRIAL MOTIONS COVERED 27.1
  • II. FIVE-DAY STATUTORY STAY OF EXECUTION (FOR APPLICATION FOR RESTORATION OF POSSESSION) 27.2
  • III. DISCRETIONARY STAY OF EXECUTION
    • A. Pending Hearing on Posttrial Motions 27.3
    • B. Temporary Stay Based on Hardship 27.4
    • C. Form: Ex Parte Application for Stay of Execution 27.5
    • D. Form: Memorandum in Support of Ex Parte Application for Stay of Execution 27.6
    • E. Form: Ex Parte Application for Order Staying Eviction (Hardship); Order of Court 27.6A
    • F. Form: Declaration Supporting Motion for Stay of Eviction or Petition for Relief From Forfeiture (Hardship) 27.6B
    • G. Form: Memorandum Supporting Motion for Stay of Execution 27.6C
    • H. Form: Order Staying Eviction 27.6D
  • IV. MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT 27.7
    • A. GROUNDS FOR JUDGMENT NOTWITHSTANDING VERDICT 27.8
    • B. Procedures for Making and Opposing Motion 27.9
    • C. Time of Ruling on Motion 27.10
    • D. Form: Notice of Motion for Judgment Notwithstanding Verdict 27.11
    • E. Form: Order Granting or Denying Judgment Notwithstanding Verdict 27.12
  • V. MOTION FOR NEW TRIAL 27.13
    • A. Grounds for Motion for New Trial 27.14
    • B. Court's Power to Vacate or Modify Judgment 27.15
    • C. Motion for New Trial Procedures 27.16
    • D. Time for Making Motion for New Trial 27.17
    • E. Form: Notice of Motion for New Trial 27.18
    • F. Form: Declaration in Support of Notice of Motion for New Trial 27.19
    • G. Hearing on Motion 27.20
    • H. Court's Time to Rule on Motion 27.21
  • VI. MOTION TO SET ASIDE AND VACATE JUDGMENT 27.22
    • A. Notice of Motion 27.23
    • B. Time for Making and Opposing Motion 27.24
    • C. Form: Notice of Motion to Vacate Judgment and Enter Different Judgment 27.25
    • D. Form: Order Granting Motion to Vacate Judgment and Enter Different Judgment (CCP §663) 27.26
  • VII. APPLICATION FOR RELIEF FROM FORFEITURE 27.27
    • A. Grounds for Relief From Forfeiture 27.28
    • B. Rent Must Be Paid and Other Covenants Performed 27.29
    • C. Procedure for Seeking Relief From Forfeiture 27.30
    • D. Form: Notice of Application and Petition for Relief From Forfeiture 27.31
    • E. Form: Memorandum in Support of Application and Petition for Relief From Forfeiture 27.31A
    • F. Effect of Grant or Denial of Relief 27.32

28

Enforcement of Judgment" Removing Tenant and Tenant's Belongings

  • I. REMOVING TENANT 28.1
    • A. Contents of Writ 28.2
    • B. Sending Scare Notice to Tenant After Judgment Is Entered 28.3
    • C. Procedures for Serving and Enforcing Writ of Possession 28.4
    • D. Sheriff Must Evict if Tenant Does Not Vacate Within 5 Days 28.5
    • E. Effect of Failure by Sheriff to Act by Return Date of Writ 28.6
    • F. Form: Writ of Execution (Judicial Council Form EJ-130) 28.7
    • G. Writ of Possession Not Subject to Collateral Attack 28.7A
  • II. SHERIFF'S DEPARTMENT PRACTICES AND CHARGES 28.8
  • III. DISPOSITION OF TENANT'S PERSONAL PROPERTY
    • A. Personal Property Not Removed by Tenant 28.9
    • B. Recovery of Personal Property After Eviction 28.10
    • C. Treating Tenant's Personal Property as Lost or Abandoned 28.11
    • D. Claim by Tenant for Personal Property (CC §1965) 28.12
    • E. Advantages and Disadvantages of Requesting Surrender 28.13
    • F. Form: Claim for Return of Personal Property Under CC §1965 28.14
  • IV. DISPOSITION OF LOST PROPERTY 28.15
  • V. DISPOSITION OF PROPERTY ABANDONED BY TENANT 28.16
    • A. Landlord Must Store Abandoned Property in Safe Place 28.17
    • B. Notice Requirements for Disposal of Abandoned Property 28.18
    • C. Release of Property to Owner on Payment of Costs 28.19
    • D. Storage Costs 28.20
    • E. Sale of Unclaimed Property; Liability of Landlord 28.21
  • VI. EXECUTION ON TENANT'S PERSONAL PROPERTY IN LANDLORD'S POSSESSION 28.22
  • VII. SETTING ASIDE IMPROPER EXECUTION SALE 28.23
  • VIII. SUPPLEMENTAL COST BILL 28.24
  • IX. MOTION TO QUASH OR RECALL WRIT OF EXECUTION 28.25
  • X. CLAIM OF EXEMPTION 28.26
    • A. Form: Claim of Exemption (Judicial Council Form EJ-160) 28.27
    • B. Hearing on Objections to Claim of Exemption 28.28
    • C. Judgment on Claim of Exemption 28.29
  • XI. WAGE GARNISHMENTS 28.30

29

Appeals

  • I. APPEAL PROCEDURES 29.1
    • A. Limited Civil Cases: Timeline for Action After Entry of Judgment 29.2
    • B. Unlimited Civil Cases: Timeline for Action After Entry of Judgment 29.3
  • II. APPEALABLE JUDGMENTS AND ORDERS 29.4
  • III. VACATING PREMISES DOES NOT MOOT TENANT'S APPEAL 29.5
  • IV. FRIVOLOUS APPEALS 29.6
  • V. OBTAINING IMMEDIATE TEMPORARY STAY OF ENFORCEMENT OF JUDGMENT 29.7
  • VI. STAY PENDING APPEAL 29.8
    • A. Evaluating Need for Stay Pending Appeal 29.9
    • B. Proper Judge 29.10
    • C. Grounds on Which Stay May Be Granted 29.11
  • VII. UNDERTAKING ON APPEAL 29.12
  • VIII. FORM: WAIVER OF SECURITY 29.13
  • IX. FORM: NOTICE OF MOTION FOR STAY 29.14
  • X. REVIEW OF DENIAL OF STAY 29.15
  • XI. CLEAR ABUSE OF DISCRETION MUST BE SHOWN 29.16
  • XII. SCOPE OF TRIAL COURT JURISDICTION PENDING APPEAL 29.17
  • XIII. EVALUATING WHETHER TO APPEAL 29.18
  • XIV. SUMMARY OF APPELLATE PROCEDURE
    • A. Applicable Rules 29.19
    • B. Appeals From Limited Civil Cases 29.20
    • C. Appeals From Other Superior Court Actions 29.21
    • D. Standard of Review 29.22
    • E. Initiating Appeal
      • 1. Notice of Appeal 29.23
      • 2. Form: Notice of Appeal 29.24
      • 3. Form: Notice of Appeal/Cross-Appeal (Limited Civil Case) (Judicial Council Form APP-102) 29.25
      • 4. Form: Appellant's Notice Designating Record on Appeal (Limited Civil Case) (Judicial Council Form APP-103) 29.26
      • 5. Filing Deadlines Applicable to Appeals From Limited Civil Cases 29.27
      • 6. Filing Deadlines Applicable to Other Superior Court Judgments 29.28
      • 7. Record on Appeal 29.29
        • a. Electronic Recording or Agreed Statement 29.30
        • b. Form: Proposed Statement on Appeal (Limited Civil Case) (Judicial Council Form APP-104) 29.31
        • c. Requesting Reporter's Transcript 29.32
    • F. Filing Briefs in Appellate Division of Superior Court 29.33
    • G. Filing Briefs in Court of Appeal 29.34
    • H. Purpose of Oral Argument; Submitting New Authorities 29.35
    • I. Decision on Appeal and Rehearing 29.36
    • J. Relief for Tenant After Reversal 29.37
    • K. Costs and Attorney Fees on Appeal 29.38
    • L. Abandonment of Appeal 29.39
    • M. Transfer to District Court of Appeal
      • 1. Transfer of Appeal of Limited Civil Case From Superior Court to Court of Appeal 29.40
      • 2. When Transfer Is Denied by District Court 29.41

30

Civil Writs

  • I. CIVIL WRITS IN GENERAL 30.1
  • II. NATURE AND SCOPE OF WRIT 30.2
    • A. Conditions Under Which Writ of Mandate Will Issue 30.3
    • B. Alternative and Peremptory Writs of Mandate 30.4
    • C. Factors in Deciding Whether to Seek Writ 30.5
  • III. OBTAINING STAY OF EXECUTION PENDING APPEAL OR DECISION ON PETITION FOR WRIT OF MANDATE 30.6
  • IV. PERSUADING COURT THAT WRIT SHOULD BE GRANTED 30.7
    • A. Inadequacy of Other Remedy Must Be Shown 30.8
    • B. No Direct Appeal 30.9
    • C. Common Situations in Which Relief by Writ Is Sought 30.10
    • D. Direct Appeal Possible 30.11
  • V. PROCEDURE IN OBTAINING WRIT
    • A. Relief Must First Be Sought in Lower Court 30.12
    • B. Court in Which Writ Petition Must Be Filed 30.13
    • C. Applicable Statutes and Rules of Court 30.14
    • D. Names of Parties 30.15
    • E. Time Limitation 30.16
    • F. Procedures in Superior Court 30.17
    • G. Pleadings in Mandamus Proceeding 30.18
      • 1. Contents of Petition 30.19
      • 2. Common Errors in Petitions for Writ 30.20
      • 3. Opposition to Issuance of Writ 30.21
    • H. Hearing 30.22
    • I. Issuance of Peremptory Writ 30.23
    • J. Mootness 30.24
    • K. Damages and Costs 30.25
  • VI. REVIEW OF SUPERIOR COURT ACTION ON WRIT 30.26
  • VII. APPEAL FROM COURT OF APPEAL DECISION TO SUPREME COURT 30.27

31

Return of Security Deposit and Disposition of Last Month's Rent

  • I. TENANT'S RIGHTS IN SECURITY DEPOSIT AND LAST MONTH'S RENT 31.1
  • II. PAYMENTS TO LANDLORD ON SIGNING OF LEASE THAT ARE NOT CONSIDERED "SECURITY" 31.2
  • III. SECURITY "DISGUISED" AS ADVANCE RENT 31.3
  • IV. EFFECT OF DESIGNATION OF DEPOSIT AS "LAST MONTH'S RENT" RATHER THAN "SECURITY DEPOSIT" 31.4
  • V. LIMITATIONS ON AMOUNT OF SECURITY THAT MAY BE REQUIRED 31.5
  • VI. TENANT'S CLAIM TO SECURITY HAS PRIORITY OVER THAT OF LANDLORD'S CREDITORS 31.6
  • VII. SECURITY MAY NOT BE NONREFUNDABLE 31.7
  • VIII. PROVING AMOUNT OF SECURITY DEPOSIT 31.8
  • IX. LIMITS ON LANDLORD'S USE OF SECURITY DEPOSIT 31.9
  • X. LANDLORD'S DUTY TO RETURN DEPOSIT 31.10
    • A. Tenant's Right to Request Inspection of Premises and Cure Deficiencies; Use of Deposit 31.10A
    • B. Tenant's Right to Refund of Security Deposit Balance and Accounting 31.10B
  • XI. LANDLORD'S SALE OR OTHER TRANSFER OF PREMISES 31.11
  • XII. INTEREST ON SECURITY DEPOSIT 31.12
  • XIII. DAMAGES FOR LANDLORD'S IMPROPER RETENTION OF DEPOSIT 31.13
  • XIV. EFFECT ON UNLAWFUL DETAINER 31.14

CALIFORNIA EVICTION DEFENSE MANUAL

(2d Edition)

June 2017

TABLE OF CONTENTS

 

File Name

Book Section

Title

CH04

Chapter 4

Representing the Tenant; Office Procedures

04-007

§4.7

Telephone Intake Form

04-013

§4.13

Client Interview Questionnaire

04-028

§4.28

Representation Agreement—Private Practitioner

04-029

§4.29

Client Retainer Agreement—Legal Services Organization

04-029B

§4.29B

Checklist: Tenant Fee Agreement

04-031

§4.31

Requirement for Deposit of Rent Into Client Trust Account

CH11

Chapter 11

Service of Summons and Complaint; Motion to Quash Service of Summons

11-038

§11.38

Form: Motion To Quash Service Of Summons; Supporting Memorandum; Declaration Of Tenant

11-039

§11.39

Form: Order Granting Motion To Quash Service Of Summons

CH12

Chapter 12

Default Judgments

12-002

§12.2

Checklist: Obtaining Relief From Entry Of Default

12-010

§12.10

Stipulation to Set Aside Default and Default Judgment; Order

12-030

§12.30

Notice of Motion to Set Aside Default and Default Judgment; Supporting Memorandum

12-030A

§12.30A

Declaration Supporting Motion to Set Aside Default and Default Judgment

12-030B

§12.30B

Notice of Motion to Vacate Default; Supporting Memorandum

12-032

§12.32

Form: Order Setting Aside Default And Default Judgment

CH13

Chapter 13

Demurring and Moving to Strike

13-023A

§13.23A

Checklist: Demurrable Defects in Complaint

13-024

§13.24

Demurrer to Complaint

13-033

§13.33

Sample Form: Motion to Strike

13-040

§13.40

Notice of Hearing: Demurrer and Motion to Strike

13-041

§13.41

Memorandum Supporting Demurrer to Complaint (30-Day Notice Case)

13-042

§13.42

Memorandum Supporting Demurrer to Complaint (3-Day Notice Case)

13-043

§13.43

Memorandum Supporting Demurrer to Complaint (Judicial Council Form Complaint)

13-044

§13.44

Memorandum Supporting Demurrer to Complaint (Breach of Lease Covenant)

13-045

§13.45

Memorandum Supporting Demurrer (Rent-Controlled Jurisdiction)

13-046

§13.46

Memorandum Supporting Demurrer and Alternative Motion to Strike (Previous Action Between Parties)

13-047

§13.47

Memorandum Supporting Motion to Strike Allegation of Improper Damages

CH14

Chapter 14

Answering and Alleging Affirmative Defenses

14-005A

§14.5A

Ex Parte Application for Order Extending Time to Plead

14-059

§14.59

Answer to Judicial Council Form Complaint With Affirmative Defenses

CH16

Chapter 16

Affirmative Defenses—Retaliatory Evictions

16-027

§16.27

Affirmative Defense on Ground of Retaliatory Eviction

CH23

Chapter 23

Discovery

23-033

§23.33

Declaration for Additional Discovery

23-043

§23.43

Declaration in Support of Request for Additional Admissions

23-053

§23.53

Defendant’s Specially Prepared Interrogatories to Plaintiff

23-054

§23.54

Defendant’s Request for Production of Documents

CH25

Chapter 25

Trial

25-079

§25.79

Defendant’s Motions in Limine

25-080

§25.80

Caption; Standard and Special Jury Instructions

25-081

§25.81

Instruction on Definitions in Unlawful Detainer Actions

25-082

§25.82

Instruction on Burden of Proof: Plaintiff

25-083

§25.83

Instruction on Burden of Proof: Defendant

25-084

§25.84

Instruction on Tenant’s Exercise of Rights Under the Law: Definition

25-085

§25.85

Instruction on Unclean Hands Defense

25-086

§25.86

Instruction on Rent and Damages: Preliminary Instruction

25-087

§25.87

Instruction on Requirement of Strict Compliance With Notice Laws and Procedures

25-088

§25.88

Instruction on Retaliatory Eviction: Preliminary Instruction

25-089

§25.89

Instruction on Service of Notice Requirements

25-090

§25.90

Instruction on Notice Not Personally Served; Computation of Time

25-091

§25.91

Instruction on Retaliatory Eviction; CC §1942.5

25-092

§25.92

Instruction on Contract Performance as Precondition to Enforcement

25-093

§25.93

Instruction on Notice Requirements: 3-day Notice

25-094

§25.94

Instruction on Rent and Damages: Definitions

25-095

§25.95

Instruction on Rent and Damages: Fair Rental Value Defined

25-096

§25.96

Instruction on Statutory Damages; “Malice”

25-097

§25.97

Instruction on Controlled Rent Increases: Preliminary Instruction

25-098

§25.98

Instruction on Whether Premises Is Covered by Berkeley Rent Control Law

25-099

§25.99

Instruction on Habitability Obligation: Preliminary Instruction

25-100

§25.100

Instruction on Habitability Obligation: Sources of Law and Standards

25-101

§25.101

Instruction on Habitability Obligation: Calculating Damages

25-102

§25.102

Instruction on Habitability Obligation: Evidentiary Burdens

25-103

§25.103

Instruction on Habitability Obligation: Presence of Asbestos

25-104

§25.104

Instruction on Habitability Obligation: Definitions

25-105

§25.105

Instruction on Habitability Obligation: Not Dependent on Landlord’s Financial Ability

25-106

§25.106

Instruction on Habitability Obligation: Duty to Inspect

25-107

§25.107

Instruction on Case Consolidation

25-108

§25.108

Petition for Writ of Mandate and Application for Temporary Stay; Supporting Memorandum (CCP §1085)

25-109

§25.109

Order Directing Issuance of Alternative Writ of Mandate (CCP §1085)

25-110

§25.110

Alternative Writ of Mandate (CCP §1085)

CH26

Chapter 26

Judgment

26-039

§26.39

Order for Judgment for Defendant Conditioned on Payment of Rent After Trial (Warranty of Habitability)

26-043

§26.43

Stipulation for Dismissal or Judgment; Repairs, Payment of Rent, Tenant Remains

26-044

§26.44

Stipulation for Dismissal or Judgment; Tenant Vacates Premises

CH27

Chapter 27

Posttrial Motions

27-005

§27.5

Ex Parte Application for Stay of Execution

27-006

§27.6

Memorandum in Support of Ex Parte Application for Stay of Execution

27-006A

§27.6A

Ex Parte Application for Order Staying Eviction (Hardship); Order of Court

27-006B

§27.6B

Declaration Supporting Motion for Stay of Eviction or Petition for Relief From Forfeiture (Hardship)

27-006C

§27.6C

Memorandum Supporting Motion for Stay of Execution

27-006D

§27.6D

Order Staying Eviction

27-011

§27.11

Notice of Motion for Judgment Notwithstanding Verdict

27-012

§27.12

Order Granting or Denying Judgment Notwithstanding Verdict

27-018

§27.18

Notice of Motion for New Trial

27-019

§27.19

Declaration in Support of Notice of Motion for New Trial

27-025

§27.25

Notice of Motion to Vacate Judgment and Enter Different Judgment

27-026

§27.26

Order Granting Motion to Vacate Judgment and Enter Different Judgment (CCP §663)

27-031

§27.31

Notice of Application and Petition for Relief From Forfeiture

27-031A

§27.31A

Memorandum in Support of Application and Petition for Relief From Forfeiture

CH28

Chapter 28

Enforcement of Judgment—Removing Tenant and Tenant’s Belongings

28-014

§28.14

Claim for Return of Personal Property Under CC §1965

CH29

Chapter 29

Appeals

29-013

§29.13

Form: Waiver Of Security

29-014

§29.14

Form: Notice Of Motion For Stay

29-024

§29.24

Notice of Appeal

 

Selected Developments

June 2017 Update

Transient Occupancy and Short-Term Rentals. Common interest communities may be subject to either covenants, conditions and restrictions (CC&Rs) or later enacted rules and regulations that place limits on the use of units for short-term or vacation renting. See, e.g., Almanor Lakeside Villas Owners Ass'n v Carson (2016) 246 CA4th 761, cited in §§6.49A, 17.12, 26.24.

A city may amend an already existing municipal code section that regulates private homes as short-term vacation rentals to increase the minimum age of a responsible person for the rental from 21 years of age to 30 years of age. Such a change is not barred by the Unruh Act. Harrison v City of Rancho Mirage (2015) 243 CA4th 162. See §§6.49A, 17.12.

Rights & Obligations During and After Tenancy. Under a new law, the landlord cannot retaliate against a tenant for reporting that a residential unit has bed bugs. Even if no infestation is present, the landlord has the right to inspect and must give a statutory bed bug notice to new residential tenants on and after July 1, 2017, and to existing tenants by January 1, 2018. See §16.3.

A landlord may prohibit smoking on the premises in the lease and then evict for a tenant's violation of the lease. Effective June 9, 2016, CC §1942.5 was amended to adopt the definitions of "smoking" and "tobacco product" in Bus & P C §22950.5. Both include the smoking of e-cigarettes and the inhalation of vaporized liquids. A landlord may also expressly prohibit the smoking of marijuana. On the federal level, the Department of Housing and Urban Development issued regulations that ban smoking in all Public Housing Developments throughout the country in 24 CFR §§965.651–965.655, 966.4(f)(12). See §§6.38, 17.7, 18.14.

Some executive branches of the federal government are charged with adopting housing quality standards by regulation for federally assisted residential housing, or such housing may be governed by local housing codes. See, e.g., 42 USC §1437f(o)(8) (amended in 2016), which establishes both (1) procedures for enforcement for Section 8 housing quality standards and (2) the criteria that trigger mandatory withholding of rental assistance payments to the landlord. See §15.13.

Public entity landlords are not always bound by the same law as private landlords. For example, a tenant who rented from a city was injured by a fire resulting from the city's negligent failure to replace a fire extinguisher, but the court held that Govt C §850.2 immunized the city from the tenant's suit. Puskar v City & County of San Francisco (2015) 239 CA4th 1248. See §15.13.

A government agency, such as a local rent board or building code enforcement department, may alternatively comply with a request for public records by posting the records on its Internet website. Govt C §6253(f). See §15.25.

Modern lease termination provisions allow the tenant to terminate the tenancy if the tenant determines that the premises are not appropriate for its operations for technological reasons. See, e.g., TBM Land Conservancy, Inc. v Nextel West Corp. (D Colo 2015) 131 F Supp 3d 1130. These types of provisions may be challenged if they are not clear enough to prevent a termination that does not in good faith satisfy the condition precedent to termination intended by the lessor. See, e.g., Diversified Capital Invs., Inc. v Sprint Communications (ND Cal, May 24, 2016, No. 15–cv–03796–HSG) 2016 US Dist Lexis 68757. See §19.10B.

Fair Housing. If the grounds for lease termination involve criminal activity or material noncompliance with the lease or state landlord-tenant laws, tenants in HUD-assisted and project-based Section 8 units must be served with a notice according to state law and the rental agreement. This usually means a 3-day notice for tenants in most HUD-assisted programs but a 30-day notice for tenants in Section 202 or Section 811 programs. See Long Beach Brethren Manor, Inc. v Leverett (2015) 239 CA4th Supp 24. See §18.22.

Housing providers should exercise caution when a tenant requests the delay of an eviction as a reasonable accommodation under fair housing law. See Brookside Apartments Realty v Heilman (Pa Sup 2015) 135 A3d 650 (request for accommodation by stay of eviction action was unreasonable because it would impose undue financial or administrative burden on housing provider; dealing with tenants' recurring housekeeping violations, noncooperation with housing maintenance by management, and repeated late payment of rent posed continuing and serious difficulties for manager of apartment complex), cited in §§14.21, 18.27.

A business may validly treat different age groups differently if the pricing policy provides a social benefit to the recipient group, the recipient group is disadvantaged economically compared to other groups paying full price, and there is no invidious discrimination. Javorsky v Western Athletic Clubs, Inc. (2015) 242 CA4th 1386. See §14.20.

The Violence Against Women Reauthorization Act of 2013 (VAWA) (42 USC §§14043e–11, 1437d note) prevents a Public Housing Authority (PHA) or landlord participating in all federal housing programs from denying rental to, or terminating the tenancy of, a person who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. 42 USC §14043e–11(b)(1)–(2). Most recently, amended implementing regulations were published in 81 Fed Reg 80724 (Nov. 16, 2016). See §18.17B.

Recreational use of marijuana in California was legalized beginning November 9, 2016, by Proposition 64, commonly known as the Adult Use of Marijuana Act. It allows persons who are 21 years of age and older to (1) possess, process, transport, purchase, obtain, or give away (without compensation) up to 28.5 grams of non-concentrated cannabis and up to 8 grams of concentrated cannabis and (2) possess, plant, cultivate, harvest, dry, or process up to six living plants. The new law builds on and utilizes many aspects of the comprehensive regulatory structure for commercial medical cannabis. California anticipates a likely rise of marijuana use at residential properties statewide; creating procedures and policies to minimize nuisance allegations and to respond to resident complaints will be important to consider and will be similar to those issues landlords face in response to medical marijuana, discussed in §14.22D.

Anti-SLAPP Motions. The supreme court resolved a court of appeal split and held that if a cause of action includes allegations of both unprotected activity and protected conduct under CCP §425.16, the trial court may strike the protected activity claims within a cause of action while allowing the unprotected claims to remain. Baral v Schnitt (2016) 1 C5th 376. See §§13.51, 17.17C.

An attorney's actions will be considered to arise out of protected activity under CCP §425.16 when the only actions the attorney took were communicative acts in representing clients for pending or threatened litigation; such acts are "unquestionably protected activities" under §425.16. Contreras v Dowling (2016) 5 CA5th 394. See §13.51.

Local Eviction Controls and Constitutional Issues. Buyout agreements for rent-controlled units negotiated in good faith will be upheld. In Geraghty v Shalizi (2017) 8 CA5th 593, a tenant, who had resided in his apartment for 22 years when a new owner bought the building, negotiated an agreement under which the tenant would move out by a set date in exchange for a payment of $25,000 so that the new owner could move in without using the owner move-in eviction process under San Francisco's rent ordinance. The written agreement was upheld when the tenant sued for violation of the rent ordinance. See §17.4A.

Some local ordinances provide that non-rent-controlled units are subject to eviction control. Newly adopted by voter initiative in 2016, see Richmond Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance, available at http://www.ci.richmond.ca.us/DocumentCenter/View/41144. See §17.5.

A city may not impose a 10-year waiting period between an Ellis Act eviction and a merger of two residential rental units into one unit. San Francisco Apartment Ass'n v City & County of San Francisco (2016) 3 CA5th 463. Moreover, see §§17.14–17.14A.

San Francisco increased relocation payments to tenants being evicted for specified reasons in 2014; the ordinance was held to be unconstitutional by a federal district court in Levin v City & County of San Francisco (ND Cal 2014) 71 F Supp 3d 1072. After the decision in Levin, San Francisco revised the relocation assistance formula (invalidated in Levin) to cap a landlord's payout of relocation payments at $50,000. In a separate state-court challenge, Coyne v City & County of San Francisco (2017) 2017 Cal App Lexis 256, the court of appeal ruled that local ordinances must survive a "prohibitive price" test to overcome a conflict preemption challenge under the Ellis Act and concluded that the relocation payment ordinance did not survive that test. See §17.32.

A court of appeal held that minor children residing with adult tenants are not entitled to relocation payments under the San Francisco ordinance governing Ellis Act evictions. Danger Panda, LLC v Launiu (2017) 2017 Cal App Lexis 304. See §17.32.

In Nozzi v Housing Auth. (9th Cir 2015) 806 F3d 1178, the court found that by using a poorly written flyer, the Public Housing Authority (PHA) administering the rent voucher program failed to provide meaningful information to voucher holders about a change to the rent payment standard, which could mean that a tenant's inability to pay for an unexpected increase in rent and utilities could result in eviction. Thus, the PHA's failure to provide fair notice violated the requirements of both voucher program regulations and procedural due process. See §§18.3B, 18.20A, 18.22.

Terminating Tenancies and Eviction Actions. In Taylor v Nu Digital Mktg., Inc. (2016) 245 CA4th 283, the court found that a real property sales contract, which included monthly payments that were not credited to the purchase price of the property but were in fact "rent," operated like a lease; when the defendant ceased making such payments, the landlord was able to use an unlawful detainer action to regain possession. See §§1.2, 13.12, 13.13A, 19.2.

The legislature repealed former Health & S C §§50580–50591, which provided for evictions from "transitional housing" programs. In 2016 that law was repealed, and its provisions were revised and codified in CC §§1954.10–1954.18. See §3.10.

Although the Ninth Circuit has not yet addressed this issue, a district court in Dickman v Kimball, Tirey & St. John, LLP (SD Cal 2013) 982 F Supp 2d 1157 held that a law firm's conduct to enforce rent obligations, by sending pay rent or quit and other notices to a tenant before filing an unlawful detainer action, was subject to fair debt collection laws. See §6.20A.

Under CCP §1167.1, effective January 1, 2017, if the landlord does not file with the court a proof of service of the summons within 60 days of filing the complaint, the court may dismiss the action without prejudice. See §§1.4, 11.11.

When the court withdraws a fee waiver order and an indigent party had obtained payment of costs under the Transcript Reimbursement Fund (see Bus & P C §8030.2, operative until January 1, 2020), that party must repay the fund the full amount received from the fund within 90 days of the court's order withdrawing the fee waiver. Bus & P C §8030.2(d)(2). See §§10.8–10.9.

Under a temporarily amended version of CCP §472(a), a landlord may amend its filed complaint once without court permission (1) at any time before the tenant's answer or demurrer is filed, or (2) after the demurrer is filed but before the demurrer is heard as long as the amended complaint is filed and served no later than the date for filing opposing papers to the demurrer (in effect only until January 1, 2021). See §§13.2, 13.36A, 14.53.

In North 7th St. Assocs. v Constante (2016) 7 CA5th Supp 1 (Constante II), the tenant prevailed on a defensive summary judgment motion in an unlawful detainer action, in which he had contended that the unit lacked a building permit and a certificate of occupancy, the landlord could not enforce any rental obligations for the unlawful unit, and therefore the 3-day notice to pay or quit was defective. On appeal, the appellate division of the superior court agreed. See §§6.18, 14.23, 15.52, 17.6, 17.9, 22.3.

When a landlord uses a submeter to charge a tenant separately for water service to an individual dwelling unit and imposes requirements on landlords, CC §1954(a)(5) allows the landlord to enter a dwelling unit for specified purposes relating to a submeter or water fixture if certain requirements are met, and the tenant's lack of cooperation may be grounds for eviction. See §17.10.

In Minick v City of Petaluma (2016) 3 CA5th 15, the court noted that to obtain relief for attorney error under the discretionary provision of CCP §473, counsel's neglect must be excusable; then the court found excusable neglect because the attorney filed a declaration stating that he filed an inadequate response to a summary judgment motion because of his serious illness and the side effects of prescribed medications. See §12.13.

Although all courts agree that mandatory relief from default under CCP §473(b) is not available when the error causing the default is the client's alone, the courts are divided on whether relief is available when the error is partly the client's and partly the attorney's. See Martin Potts & Assocs. v Corsair, LLC (2016) 244 CA4th 432. See §§12.14, 22.2.

Although no reported case has ruled on whether a landlord can evict a tenant for using medical marijuana, which remains illegal under federal law, attempts to use antidiscrimination laws to protect medical marijuana users have not been successful in challenges to local ordinances in California. See, e.g., The Kind & Compassionate v City of Long Beach (2016) 2 CA5th 116, 126 (rejecting all theories that city ordinances regulating (and then banning) medical marijuana dispensaries discriminate against persons with disabilities), cited in §14.22D.

A landlord who unsuccessfully prosecutes an eviction action and who is found to have violated CC §1942.4 is liable for the tenant's reasonable attorney fees and costs under CCP §1174.21, even if the landlord's liability under CC §1942.4 was not specifically litigated at the jury trial on the issue of habitability. See Active Props. LLC v Cabrera (2016) 6 CA5th Supp 6. See §§14.24A, 15.48, 26.33.

When a landlord has failed to comply with federal housing quality standards for subsidized tenancies, the government may withhold or suspend payments to the landlord; the tenant can then defend an eviction action for nonpayment of rent on the basis that the subsidy is not the obligation of the tenant. See Scott v Kaiuum (2017) 8 CA5th Supp 1 (Section 8 tenancy), cited in §§15.13, 15.48, 18.13.

The California Supreme Court accepted for review Shaw v Superior Court (review granted Nov. 12, 2014, S221530; superseded opinion at 229 CA4th 12), because there is uncertainty about whether a party may get immediate review of the denial of a request for a jury trial by way of a writ of mandate or instead must wait until after a bench trial to appeal the issue. See §§25.18, 25.21.

An order denying a peremptory challenge is not appealable and may only be reviewed by way of a petition for a writ of mandate. CCP §170.3(d); People v Superior Court (Tejeda) (2016) 1 CA5th 892. See §§25.30, 25.33.

An amendment to CCP §1033.5 provides that fees for electronic filing or service of documents through a provider if a court requires or orders electronic filing or service of documents are recoverable as costs. See §26.17.

To protect the privacy of tenants, beginning January 1, 2017, CC §1161.2(a)(1)(F) provides that court-filed unlawful detainer records will remain sealed, unless the landlord prevails within the first 60 days, or unless access is otherwise authorized under CC §1161.2(a)(1)(A)–(E). Under §1161.2(a)(1)(F), if a default judgment is set aside more than 60 days after the unlawful detainer complaint was filed, the court file access restrictions apply as if the complaint was filed on the date the default was set aside. See §§1.5, 12.32A, 25.1, 26.38.

In Kabran v Sharp Mem. Hosp. (2017) 2 C5th 330, the supreme court clarified that while the deadline to file a motion for new trial is jurisdictional, the time period for filing affidavits supporting or opposing a new trial motion are not jurisdictional. The trial court may rely on late-filed affidavits to grant a new trial, and if the nonmoving party fails to object in the trial court, it may not do so on appeal. See §27.16.

If a tenant is evicted under a writ of possession issued on an unlawful detainer judgment and then prevails on appeal, the tenant need not file a cross-complaint seeking restitution of possession to obtain that relief. Beach Break Equities, LLC v Lowell (2016) 6 CA5th 847 (noting that trial court has discretion to grant or deny restitution, even if appellate court directed it to provide tenant with appropriate restitution hearing and to restore tenant as far as possible to position occupied before eviction). See §§29.5, 29.37.

Postforeclosure Evictions. The occupant (person holding over) after foreclosure under a deed of trust can be evicted only if the purchaser acquired title that was "duly perfected." According to some courts, this means that the deed must have been recorded before the purchaser (new owner) serves the 3-day notice to quit. See U.S. Financial, LP v McLitus (2016) 6 CA5th Supp 1, 4. But see Dr. Leevil, LLC v Westlake Health Care Ctr. (2016) 2017 Cal App Lexis 192. See §20.4.

Because CCP §1161b will expire in its entirety by its own terms at the end of 2019 unless extended, on January 1, 2020, the current 90-day notice period for terminating month-to-month residential tenancies after a foreclosure will revert to a 30-day period as required by CCP §1161a. See §20.6.

A court of appeal reaffirmed that a subsequent fraud or quiet title suit founded on allegations of irregularity in the foreclosure sale is barred by a prior unlawful detainer judgment. But when the claim asserted in the later action "encompasses activities not directly connected with the conduct of the sale," the court noted that the applicability of the res judicata doctrine, either as a total bar to further proceedings or as a source of collateral estoppel, is much less clear. Orcilla v Big Sur, Inc. (2016) 244 CA4th 982, 1010. See §§20.8A, 20.9, 20.13A, 21.1.

An owner or tenant may defend an eviction after a foreclosure sale if the evidence shows the foreclosing bank did not own the mortgage, did not have the authority to foreclose, and did not convey valid title to the purchaser. Despite the decision in Yvanova v New Century Mortgage Corp. (2016) 62 C4th 919, more recent cases considering the more narrow issue of invalid mortgage loan assignments hold that an assignment that merely fails to comply with the terms of a trust agreement is merely voidable and not void, making the decision in Yvanova less significant for such an owner or tenant. See, e.g., Yhudai v IMPAC Funding Corp. (2016) 1 CA5th 1252; Saterbak v JPMorgan Chase Bank (2016) 245 CA4th 808 cited in §20.9.

Attorney Fees Awards. Attorney fees are recoverable on causes of action for constructive eviction and for breach of the covenant of quiet enjoyment and of the warranty of habitability, which are actions or defenses arising from the contract for purposes of CC §1717, as long as the lease contains an attorney fee clause. Hjelm v Prometheus Real Estate Group (2016) 3 CA5th 1155. See §§14.47, 15.50, 26.18–26.19.

When a landlord voluntarily dismisses an unlawful detainer action, usually no attorney fees may be awarded to the tenant under CC §1717, which allows attorney fees in actions on a contract when the contract provides for them. But attorney fees may be awarded to the tenant after such a dismissal when a statute or ordinance (such as the Los Angeles rent escrow ordinance) provides for attorney fees to the "prevailing party." Intelligent Investments Corp. v Gonzales (2016) 1 CA5th Supp 1. See §§15.13A, 26.21, 26.31–26.31A.

The American attorney fee rule is that, absent a statute or contract to the contrary, each side bears its own attorney fees. But the court of appeal in Ling v P.F. Chang's China Bistro, Inc. (2016) 245 CA4th 1242 held that the American rule does not apply when an employee sues under two statutes, one of which has a one-way fee-shifting provision that precludes the defendant employer from recovering fees under any circumstance. In such a case, the prevailing defendant may not recover fees on an intertwined claim. See §26.20.

In Laffitte v Robert Half Int'l Inc. (2016) 1 C5th 480, a class action lawsuit that settled before trial for $19 million with the agreement that class counsel would receive no more than a third of that recovery as attorney fees, the supreme court clarified that when an attorney fee is awarded out of a common fund preserved or recovered by means of litigation, the award is not per se unreasonable because it is a percentage of the fund. See §§26.24, 26.27.

On calculating reasonable attorney fees, see Mountjoy v Bank of America (2016) 245 CA4th 266 (court of appeal held that trial court may not simply engage in across-the-board reduction of hours but must consider number of hours actually included in flawed entries). See §§9.20, 26.24, 26.27.

Tenant Bankruptcies & Stay Relief to Complete Eviction. While not directly ruling on whether CCP §715.050 was preempted by the Bankruptcy Code, the Ninth Circuit held that a debtor (the former property owner) had no legal or equitable interest in the real property after issuance of state court's unlawful detainer judgment and writ of possession following a foreclosure; thus, the automatic stay created by the debtor's subsequent bankruptcy was not violated by the eviction. Eden Place, LLC v Perl (In re Perl) (9th Cir 2016) 811 F3d 1120. See §§20.13, 21.1–21.2.

A debtor-tenant in a Chapter 7 bankruptcy successfully argued under New York law that the debtor's interest in her rent-stabilized lease (in a rent-controlled city) was exempt from her bankruptcy estate as a "local public assistance benefit." See In re Santiago-Monteverde (2014) 998 NYS2d 144, 147, discussed in §§21.1D, 21.6.

Some debtors try to avoid the dismissal of the bankruptcy on the creditor's or the court's motion by attempting to voluntarily dismiss the case before the hearing. This is not allowed in the Ninth Circuit if the debtor had filed the bankruptcy in bad faith; further, the court can convert a Chapter 13 case on finding the debtor acted in bad faith and deny the debtor's motion to dismiss. In re Brown (Bankr SD Cal 2016) 547 BR 846. See §21.3.

Attorney fees are not be recoverable in stay relief litigation, which is not considered to be an action on the contract for purposes of fee recovery. See Green Tree Servicing v Giusto (ND Cal 2016) 553 BR 778. See §§21.2, 21.8.

Debtors must remain current on postpetition rent arising under nonresidential real property leases pending assumption or rejection. 11 USC §365(d)(3). But if a lease is deemed terminated and expired before the bankruptcy, the debtor would not be obligated to make immediate payment of postpetition rent under §365(d)(3), because that section only applies to unexpired leases, but the landlord may have an administrative claim for holdover rent and related charges. See In re Art & Architecture Books of the 21st Century (Bankr CD Cal 2016) 2016 Bankr Lexis 878. See §§21.1A, 21.6.

About the Authors

MYRON MOSKOVITZ received his law degree from the University of California, Berkeley, School of Law. He served as law clerk to Justice Raymond E. Peters of the California Supreme Court, Director of Marysville Office of California Rural Legal Assistance, Chief Attorney of the National Housing Law Project, and Chairman of the State Commission of Housing & Community Development. He is a retired Professor of Law from Golden Gate University. He currently specializes in appellate practice and is the Legal Director of Moskovitz Appellate Team in Piedmont. In 2008, he was given the annual Spirit of CEB award for his contributions to CEB landlord-tenant titles. He regularly contributes articles to the CEB Real Property Law Reporter and has been a speaker for State Bar and CEB appellate practice and civil litigation MCLE programs.

SONYA BEKOFF MOLHO, B.A., 1971, San Fernando Valley College (now California State University, Northridge); J.D., 1977, Loyola of Los Angeles Law School, has worked as an update author on this book since 2000. Ms. Molho has been a sole practitioner in Los Angeles continuously since 1978, representing primarily tenants. Her familiarity with tenant protection laws in both local ordinances and rent control regulations for the cities of Santa Monica and Los Angeles is especially helpful to the readers of this book. In 2012, she was given the annual Spirit of CEB award for her contributions to CEB landlord-tenant titles. She is also on the annual update team for CEB's California Landlord-Tenant Practice (2d ed Cal CEB) and has been a speaker for both CEB and Rutter Group MCLE programs.

DIANA D. SAM, B.A., University of Hawaii at Manoa, Honolulu; J.D., 1997, Golden Gate University School of Law, San Francisco, worked as an update author on this book from 2008 to 2013. Ms. Sam was formerly a partner at Kaplan & Sam in San Francisco, representing primarily landlords. Her solo practice office is currently located in Piedmont, where she continues her work as both trial and appellate counsel for landlords. Her familiarity with rent and eviction control laws in both local ordinances and rent control regulations for the cities of San Francisco and Oakland is especially helpful to the readers of this book.

DEAN PRESTON, B.A., Bowdoin College, Brunswick, Maine; J.D., University of California, Hastings College of the Law, San Francisco, is the Executive Director of Tenants Together, California's Statewide Organization for Renters' Rights, San Francisco. He began working as an update author on this book in 2008 and since then has periodically worked as an update author, primarily on chapters 18 and 21.

CATHERINE M. BISHOP received her J.D. from Catholic University Law School in 1973. Now retired, she was a senior staff attorney for many years with the National Housing Law Project, a legal services support center, where she wrote along with other staff the practice manual HUD Housing Programs: Tenants' Rights and other articles regarding federally assisted housing programs.

KENT K. QIAN, update author of chapters 18 and 20 between 2013 and 2016; B.S., 2004, Georgia Institute of Technology; M.S., 2006, Ohio State University; J.D., 2009, University of Chicago Law School. Mr. Qian joined the National Housing Law Project as a Skadden Fellow in 2009 and was a staff attorney there until 2016. He currently works as an assistant to the Oakland City Attorney. Mr. Qian previously served as a law clerk at the Sargent Shriver National Center on Poverty Law.

BRITTANY K. McCORMICK, B.A., 2005, Boston College; M.A., 2008, University of Wisconsin; J.D., 2011, University of Minnesota Law School magna cum laude. She was a staff attorney with the National Housing Law Project (NHLP) in San Francisco. She wrote revisions to chapter 20 on the 2014 and 2015 updates.

IRA JACOBOWITZ read at the Bar and was admitted to practice in California in 1980. He represented tenants in Oakland for over 20 years and served as a staff attorney for Collective Legal Services at The Eviction Defense Center, a nonprofit law corporation in Oakland. He made an enormous contribution to the 2000 update by replacing and modernizing all forms in the appendixes.

CLIFFORD R. HORNER, who rewrote chapter 19 in 1999 and provided update material for that chapter in 2000–2002, received his J.D. from the University of California, Hastings College of the Law in 1991. He is a former partner with Morgan, Miller & Blair, Walnut Creek, where he specialized in commercial landlord-tenant and general real estate law. Currently he is a partner with the firm of Horner & Singer, LLP, Walnut Creek. He is a member and a former officer of the Real Estate Section of the Contra Costa County Bar Association and currently serves on the Advisory Committee of CEB's Real Property Practice Group.

STEVEN A. MacDONALD, consulting editor on the update in 2003, received his J.D. from Golden Gate University, San Francisco, and was admitted to the Bar in 1982. He is a senior shareholder in Steven Adair MacDonald & Assocs., PC, San Francisco, where he specializes in commercial and residential landlord-tenant law and represents both landlords and tenants. He wrote The San Francisco Rent Board User's Guide, published in 2003. He is a member of the executive committee of the Real Property Section of the State Bar and served on the board of its Landlord-Tenant Subsection. He frequently lectures on landlord-tenant law for attorneys in California.

NANCY A. PALANDATI received her J.D. in 1993 from New College of California School of Law. Ms. Palandati was admitted to the bar in 1994 and has represented tenants in many types of evictions, including mobilehome/long-term RV tenancies, subsidized tenancies, and using affirmative defenses of habitability and failure to provide reasonable accommodation. She was the regional migrant attorney at California Rural Legal Assistance in Santa Rosa, and is currently in private practice in Sonoma County.

DAVID PALLACK received his J.D. in 1979 from the University of California, Los Angeles, School of Law. Mr. Pallack was admitted to the California bar in 1979, has practiced for more than 20 years in the area of housing law, including subsidized housing, and was the Director of Litigation at Neighborhood Legal Services of Los Angeles County in Pacoima.

DARA L. SCHUR, author of the 1996 update to chapter 18, received her J.D. from the University of California, Berkeley, School of Law in 1979. She is an attorney with Western Center on Law and Poverty, a legal services support center, where she litigates and provides assistance to legal services advocates in the areas of landlord-tenant, fair housing, subsidized housing, and land use. A former member of the Executive Committee of the State Bar Legal Services Section, she has worked in private practice and for several legal services programs. She has also taught housing law at Boalt Hall and conducted numerous housing and litigation skills trainings.

San Francisco Neighborhood Legal Assistance Foundation (SFNLAF) is the legal services field program for the City and County of San Francisco. Established in 1966, SFNLAF's priorities are affordable housing, access to public benefits and health care, and curbing domestic violence. Among SFNLAF's significant cases in the housing area was Green v Superior Court (1974) 10 C3d 616, which established the implied warranty of habitability in California. The following SFNLAF staff coauthored the 1993 edition:

LUZ BUITRAGO received her J.D. from Loyola University (Los Angeles) in 1984. She was a Housing Unit staff attorney with the San Francisco Neighborhood Legal Assistance Foundation, where she represented individual tenants in eviction actions and worked with tenant groups and other organizations on housing issues and housing litigation. Before joining SFNLAF, she was a housing attorney with Contra Costa Legal Services Foundation.

ROBERT P. CAPISTRANO received his J.D. from the University of California, Hastings College of the Law in 1976. He served as Director of Litigation of the San Francisco Neighborhood Legal Assistance Foundation and previously as a staff attorney in SFNLAF's Central City, Housing, and Welfare Advocacy Units, and as Supervising Attorney of the Welfare Advocacy Unit.

ARNOLD C. ELLIS received his J.D. from Harvard Law School in 1974. He was the Supervising Attorney of San Francisco Neighborhood Legal Assistance Foundation, where he previously served as a staff attorney and then managing attorney of SFNLAF's Western Addition Law Office. He has defended numerous unlawful detainer cases.

PHILLIP R. MORGAN received his J.D. from the University of Arizona in 1973. A staff attorney with the Housing Unit of the San Francisco Neighborhood Legal Assistance Foundation, he also served as a Supervising Attorney with Southern Arizona Legal Aid in Tucson, Legal Services of Northeastern Wisconsin in Green Bay, and Maricopa County Legal Aid Society (now Community Legal Services) in Phoenix, Arizona. His interest is public housing.

J. WALLACE OMAN received his J.D. from the University of California, Hastings College of the Law in 1975. He worked for the National Paralegal Institute for two years and became a staff attorney for the Mission Law Office of the San Francisco Neighborhood Legal Assistance Foundation in 1977 and then a staff attorney in SFNLAF's Housing Unit. He taught Tenant-Landlord Relations for the San Francisco State University Paralegal Certificate Program. He has also served as a consultant to advisory committees on tenant-landlord matters for the San Francisco Municipal Court. Mr. Oman is now in private practice in San Francisco.

CATHERINE DOWNS OROZCO received her J.D. from the University of California, Hastings College of the Law in 1985. She served as a judicial extern for Justice Cruz Reynoso of the California Supreme Court. She served as a staff attorney with the Housing Unit of the San Francisco Neighborhood Legal Assistance Foundation, where she litigated housing law cases for low-income clients. In addition to specializing in landlord-tenant law, she has focused on a range of consumer protection issues.

Legal Services of Northern California (LSNC) is a nonprofit legal services program serving the lower income community of 23 northern California counties. It has eight offices and 30 attorneys, and represents clients in the areas of housing, land use and planning, health, welfare, public benefits, and economic and community development. LSNC's website (http://www.lsnc.net) contains a broad range of poverty law information, including housing, health, and welfare issues. The following five LSNC attorneys specializing in housing and community and economic development contributed to a major rewrite of Chapter 18 of the Eviction Defense Manual for the May 2000 and May 2001 updates:

WENDY LEE ANDERSON, B.A., 1986, University of California, Berkeley; J.D., 1998, University of California, Berkeley, School of Law. Ms. Anderson is a staff attorney at Legal Services of Northern California.

DEBORAH A. COLLINS, B.A., 1975, University of Illinois; J.D., 1991, New College of California, San Francisco. Ms. Collins was the managing attorney of the Solano County office of Legal Services of Northern California in Vallejo. She wrote and supervised the work of the other authors for chapter 18 on the 2000 and 2001 updates. She now works at the Public Interest Law Project in Oakland.

ANNE PEARSON, B.A., 1990, M.A., 1990, University of Chicago; J.D., 1998, N.Y.U. School of Law. Ms. Pearson is a staff attorney with the Sacramento Office of Legal Services of Northern California.

R. MONA TAWATAO, B.A., 1983, University of California, San Diego; J.D., 1986, University of California, Los Angeles, School of Law. Ms. Tawatao is regional counsel with Legal Services of Northern California.

BRIAN AUGUSTA, B.A., 1991, San Jose State University; J.D., 1999, Santa Clara University of Law. Mr. Augusta is a staff attorney with the Sacramento Office of Legal Services of Northern California.

About the 2017 Update Authors

MYRON MOSKOVITZ, annual update author of multiple chapters since the first edition of this book was published; see biography in the About the Authors section of this book.

SONYA BEKOFF MOLHO, annual update author of multiple chapters beginning in 2000; see biography in the About the Authors section of this book.

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