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The Ellis Act (California Government Code Chapter 12.75) [1] is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property.
Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison ; it was superseded by ...
Arbitrarily depriving an individual of their liberty is prohibited under international human rights law.Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; [5] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first ...
In California, a demurrer must assume the truth of the facts alleged by the complaining party, but challenges the complaint as a matter of law. [5] If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion. [ 6 ]
The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [ 14 ] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [ 15 ]
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