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Aug 11, 2003 · In unlawful detainer actions, tenants generally may assert legal or equitable defenses that “directly relate to the issue of possession and which, if established, would result in the tenant’s retention of the premises.”
Plaintiffs Lisa Granberry et al. are a class of approximately 10,000 former tenants of defendants Islay Investments and its managing partner Marvin Trevillian (hereafter collectively the landlord). The class members were tenants of the landlord between 1978 and 1981.
law.justia.com · cases · californiaGilardi v. Hallam :: :: Supreme Court of California Decisions ...
The trial court found that he intended to claim only the land described in his deed, and this court affirmed the judgment on the ground that in the absence of an intention to claim the land in dispute as his own, his possession was not adverse.
We consider constitutional challenges to Civil Code section 789.3, which assesses a penalty of $100 per day against a landlord who wilfully deprives his tenant of utility services for the purpose of evicting the tenant.
Although different grounds for legal relief may be asserted under different theories, conduct that violates a single primary right gives rise to only one cause of action.
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A year later, this court in Siberell considered a dissolution action in which the wife, invoking Civil Code former section 164, claimed a 75 percent interest in a home purchased with community funds and titled as a joint tenancy. (Siberell, supra, 214 Cal. at p. 769.)
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Accordingly, the statute expressly preserves the authority of local governments “to regulate or monitor the grounds for eviction.” (Civ. Code, § 1954.53, subd. (e).) A month later, in October 1995, the City enacted its Tenant Harassment ordinance. (Santa Monica Mun.
