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The legislature passed the Ellis Act in response to the California Supreme Court's decision in Nash v. City of Santa Monica [ 2 ] (1984) 37 Cal. 3d 97 that held that municipalities could prevent landlords from evicting their tenants to "go out of business" in order to withdraw their property from the rental market.
Although writ review is almost always discretionary, there are situations where a writ proceeding is the only way for a final judgment or order to be reviewed on appeal because the decision is not appealable. In those cases, the writ is no longer discretionary and the Court of Appeal must issue a full decision on the issue. [31]
The California view is that the latter term is an oxymoron since a judgment is defined by California Code of Civil Procedure Section 577 as the "final determination of the rights of the parties" [17] and a "partial summary judgment" is not actually final since it necessarily leaves some issues to be decided at trial. There is currently a ...
Summary execution, an execution in which a person is accused of a crime and then immediately killed without benefit of a full and fair trial. Summary judgment. A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209.
In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.
no relationship of landlord and tenant exists at all, there is no demise at a fixed rent, no rent is due, or none due to the person who has distrained, goods have been released before the distress, or tendered before the impounding, the entry was illegal, or; things privileged from distress (ie, neither goods nor chattel) have been seized.
Landlord–tenant law governs the rights and responsibilities of leasehold estates, like in an apartment complex. Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and ...
Often, a certain additional time is required before a default judgment is permissible, and there may need to be additional notice to the defendant. Some states do not allow a default judgment to be entered against some defendants while other defendants are actively litigating the same case; [ 23 ] this is an application of the "one final ...
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