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2014
“
If it appears from the face of the [unlawful detainer] complaint that the plaintiff is an improper plaintiff, a demurer will lie. If it is not apparent from the face of the complaint, the issue must generally be raised as an affirmative defense in the answer.
The fact that a plaintiff is not a proper plaintiff would appear on the face of the complaint, for example, when
• The complaint states that the landlord has sold the property; or
• The name of the plaintiff is not the same as the name of t
...more
”
― California Eviction Defense Manual
― California Eviction Defense Manual
“
It is long settled in California that a landlord who resorts to self-help [such as removing a tenant's personal belongings and changing the locks, even though the tenant is still in legal possession of the property] instead of invoking the unlawful detainer procedure commits a forcible entry and detainer, and is liable for actual and, sometimes, punitive damages (see Jordan v Talbot (1961) 55 C2d 597), regardless of any lease provision giving the landlord the right to reenter on default (55 C2d
...more
”
― California Eviction Defense Manual
― California Eviction Defense Manual
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