CA Real Estate

California Real Estate Law Questions? Get Answers Online Now.

Ask a Lawyer,
Get an Answer ASAP!

Ca. eviction question: There must be a landlord / tenant…

Customer Question
ca. eviction question: There must be...
ca. eviction question:
There must be a landlord / tenant relationship in other for a plaintiff to qualify for bring an action in an unlawful detainer (UD) action. A UD is in the FAST TRACT SYSTEM thus if the requirements are not met then a plaintiff would need to bring his suit by regular meant = CORRECT?
What is the code that spells this out?
What is your thoughts on this point?
Submitted: 2 years ago.Category: CA Real Estate
Show More
Show Less
Ask Your Own CA Real Estate Question
Answered in 46 minutes by:
3/11/2016
Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: CA Real Estate
Satisfied Customers: 46,998
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Can you give me more information, is this a subtenant or say a family member you now need out of your place, some more information here please.

Ask Your Own CA Real Estate Question
Customer reply replied 2 years ago
1.) The property was foreclosed on by Wells Fargo bank.
2.) Months before the foreclosure took place the former owner had rented to the person that is now a named defendant in an unlawful detainer action in the Santa Monica Court.
3.) The defendant served request for production of documents interrogatories and admissions. Bank’s counsel responds by stating in response to each request “this is not a landlord-tenant eviction based on either [CCP 1161 or CC 1946].
4.) Therefore my position in attacking this issue is to file a motion with the court stating they have no jurisdiction in the fast-track unlawful detainer system in light of the fact that the plaintiff is stating there is no landlord-tenant eviction. Which obviously requires the existence of such a relationship in order to have the privilege of getting into the fast-track eviction system.
5.) Thus I’m seeking a second opinion backed up with code supporting my position.
Lawyer: Ray, Lawyer replied 2 years ago

I am going to opt out for a California lawyer, you have not been charged, no need to reply here, it will be picked up, thanks.

Ask Your Own CA Real Estate Question
Customer reply replied 2 years ago
okay
Lawyer: socrateaser, Attorney replied 2 years ago
socrateaser
socrateaser, Attorney
Category: CA Real Estate
Satisfied Customers: 39,874
Experience: Attorney and Real Estate Broker
Verified

Hello,

Take a look at Code Civ. Proc. Section 1161a(b): "In any of the following cases, a person who holds over and continues in possession of...real property after a three-day written notice to quit the property has been served upon the person...as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:...(3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected."

In plain English, if the property was foreclosed, then, pursuant to the aforementioned CCP section, the new owner can utilize the unlawful detainer process.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.
Please let me know if my answer is helpful. And, thanks for using Justanswer!

Ask Your Own CA Real Estate Question
Customer reply replied 2 years ago
Got it. Please look again as to this point =
a.) The defendant served request for production of documents interrogatories and admissions.
B.) Bank’s counsel responds by stating in response to each request
“this is not The defendant served request for production of documents interrogatories and admissions. Bank’s counsel responds by stating in response to each request “this is not a landlord-tenant eviction based on either [CCP 1161 or CC 1946]. based on either [CCP 1161 or CC 1946].If their saying it "NOT a landlord-tenant eviction" then they lost there right to be in an eviction - yes?I'm I missing something here.
1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days' written notice to quit pursuant to Section
1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter. (b) In addition to the rights set forth in subdivision (a),tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease "shall survive foreclosure"Thus who ever acquired the property (it went back to the bank- Wells Fargo) they take on the lease meaning they are the landlord. thus back to my thinking =If their saying it "NOT a landlord-tenant eviction" then they lost there right to be in an eviction - yes?you thoughts on this please
Lawyer: socrateaser, Attorney replied 2 years ago

Good morning.

If you can prove that your occupancy falls within the scope of CCP 1161b, then because that code section provides an exception to CCP 1161a, then you would be entitled to a 90-day written notice of termination of tenancy -- or to "ride out" a fixed-term lease.

Plaintiff's interrogatory response that "this is not a landlord-tenant eviction," seems to me, non responsive, and potentially subject to being used in a summary judgment motion to prove that there is no evidence to support plaintiff's case (depends on the precise questions by defendant -- which I cannot consider, because it amounts to practicing law, and that's not permitted in this forum).

However, The burden of proving that the CCP 1161b exception applies is defendant's, because only defendant is likely to have the documentary proof that he or she is either under a month-to-month lease or fixed-term tenancy with the property's former owner.

I don't see that defendant's interrogatory response operates as an express admission that would vitiate CCP 1161a, because CCP 1161a does not require a landlord-tenant relationship. To the contrary, the exception of CCP 1161b is what requires the landlord-tenant relationship.

So, while I understand your point, I don't think that it's as straightforward as you suggest.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own CA Real Estate Question
Lawyer: socrateaser, Attorney replied 2 years ago

Errata: The following sentence should have read: "I don't see that plaintiff's interrogatory response..."

Ask Your Own CA Real Estate Question
Lawyer: socrateaser, Attorney replied 2 years ago

PS. If it matters to you, the other contributors with whom you have been and are currently corresponding are not, to my knowledge, licensed to practice in California -- whereras, I am.

Ask Your Own CA Real Estate Question
Lawyer: socrateaser, Attorney replied 2 years ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise the website retains your entire payment, and I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

Ask Your Own CA Real Estate Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Attorney
Category: CA Real Estate
Satisfied Customers: 39,874
39,874 Satisfied Customers
Experience: Attorney and Real Estate Broker

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

188 satisfied customers

I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.

legalgems

legalgems

attorney

166 satisfied customers

Just Answer consultant at Self employed

Richard Price, Esq

Richard Price, Esq

Attorney

59 satisfied customers

Attorney at The Law Office of Richard Samuel Price

N Cal Atty

N Cal Atty

Attorney

28 satisfied customers

attorney at self

Roy Hadavi

Roy Hadavi

20 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer

23 satisfied customers

I have significant experience in real estate law.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

< Previous | Next >

Related CA Real Estate Questions
Our property in Oakland Califiornia is subject to a
Our property in Oakland Califiornia is subject to a reoffering sale for property taxes in Alameda County. I filed a BK for stay in April and the county went to court and got a relief from stay for a r… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
A Writ of Execution was recently filed on 5/10/18, but on
A Writ of Execution was recently filed on 5/10/18, but on 5/14/18 I was granted a hearing to file a motion to vacate the judgement. When a motion to vacate a judgment has been placed, is the Writ of E… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
I bought land (only) in the State of California sight
I bought land (only) in the State of California sight unseen, only to find out once I arrived here from New York that: the property is surrounded by homeless encampments (with psychotic members freque… read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers
HOA Mobil Home (MBH) Parks: To what extent is the MBH Park
HOA Mobil Home (MBH) Parks: To what extent is the MBH Park Owner / Management / HOA obligated to monitor the duties of the residents and their MBH and to ensure proper execution of maintenance, repair… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,034 satisfied customers
I have just discovered a judgment was entered against me 3
Second opinion] I have just discovered a judgment was entered against me 3 years ago regarding an unlawful detainer hearing that I did not appear in. However I did appear in court for the civil case t… read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers
I have a lease on an apartment, due to health I must move to
I have a lease on an apartment, due to health I must move to a retirement home.Must I pay to end the lease, $2000.00.… read more
Roy Hadavi
Roy Hadavi
Juris Doctorate
20 satisfied customers
I am considering buying a house at a foreclosure auction.
I am considering buying a house at a foreclosure auction. What do I need to know to protect myself? Do I have to have a cash downpayment the day of the auction? How much time do you have to come up wi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
This is legal question. About music/noise. I own a home in
This is legal question. About music/noise.I own a home in Woodland Hills CA and our neighbours complain about music we play.Last evening they called the police.In full disclosure, Kirtan/Mantra/Music … read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers
Unlawful Detainer for Commercial Lease resulted in judgment
Unlawful Detainer for Commercial Lease resulted in judgment for money and possession. Tenant refuses to leave so I have to evict him. It looks like the correct form is CD-130 for a writ of possession.… read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers
My father owns property with my uncle and wants to sign his
My father owns property with my uncle and wants to sign his percentage of ownership over to me. What is the best way to do this? Also, are there going to be any accruing fees or taxes when doing so?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
721 satisfied customers
I have a state tax lien on my real property. As I am 70
I have a state tax lien on my real property. As I am 70 years old, my understanding is that I have a personal exemption of $175,000 . How do I sell that property with the tax lien on it? I cannot pay … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,482 satisfied customers
I have question on CA real estate, need to talk to CA real
I have question on CA real estate, need to talk to CA real estate layer … read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers
30 April 2018 01:09 Barristerinky! You give me hope! I
30 April 2018 01:09Hi Barristerinky!You give me hope! I dismissed the case without prejudice, and will I will request full payment for the missed monthsThere is a confusion to the rent amounts, My esc… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,034 satisfied customers
30 years ago, before I got married, I purchase a house
30 years ago, before I got married, I purchase a house together with both my parents. We purchase it that way (at list what the real estate agent and Escrow told us!) so if one past away it supposes t… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,034 satisfied customers
When the Owner first agreed to plant a hedge, now he deny to
When the Owner first agreed to plant a hedge, now he deny to do so - breach of contract? The hedge story: Beginning November 2017 I was talking to a maintenance worker of the park, asking him if it wo… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,034 satisfied customers
I am planing on putting new laminate floors in one of my
I am planing on putting new laminate floors in one of my rental properties. The tenant does not want to stay in the property while the floors are being put in. How do I cover myself if the tenant is n… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
304 satisfied customers
I live in a Calif HOA what does it take to sue for
I live in a Calif HOA what does it take to sue for harassment & win … read more
socrateaser
socrateaser
Attorney
39,874 satisfied customers
Glen ****** and ****** were married and resided in the state
Glen ****** and Alice ****** were married and resided in the state of California since approximately 1965 till they died on Feb 22, 2018 and Feb 24, 2018 respectively. On March 15, 2001 they created a… read more
legalgems
legalgems
attorney
Juris Doctorate
166 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x