9-12-2017

 

Eviction Pretrial Procedures Updates

City attorneys are authorized to bring an action to evict a tenant engaging in criminally related nuisance activity under CC §3485 or §3486. These statutes were amended significantly in States 2014, chs 339 and 341 and will sunset for some jurisdictions on Janurary 1, 2019, but continue for Los Angeles on a limited basis. On October 21, 2014, the City of Oakland passed a similar ordinance, which also addresses eviction for nuisance and illegal activities.

Relief from forfeiture under CCP §1179 was held applicable to a judgment by default in SRO Hous v Dyce (2014) 233 CA4th Supp 1. 

The supreme court accepted for review deSaulles v Community Hosp.(review granted July 23, 2014, S219236; superseded opinion at 225 CA4th 1427), in which the court of appeal held that when a settlement agreement on a litigation matter is silent regarding costs, the defendant's payment of money to the plaintiff also triggers mandatory payment of costs under CCP §1013(a)(4) because the plaintiff obtained a "net monetary recovery."

If an indigent applicant meets the eligibility and application requirements for a court fee waiver, the court has no discretionary authority to deny the request. C.S. v W.O. (2014) 230 CA4th 23. 

The supreme court accepted for review a decision holding that a motion for reconsideration of a trial court's denial of a motion to set aside a default under CCP §473 (b) (on the basis of attorney fault) must be brought under CCP §1008.

FROM California Eviction Defense Manual Updates

Eviction Updates

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