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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.
Five Superior Courts—in Orange, Sacramento, San Diego, San Joaquin, and Ventura Counties—use CCMS version 3 to process civil cases. This represents approximately 25 percent of the civil case volume in California. [3] Fresno is the only Superior Court still using version 2 of CCMS.
A legal eviction will nearly always go on an evictee's permanent record, barring them from future housing opportunities. [69] When an eviction is filed in the court system, this record becomes available to landlords. Landlords can look up the records of prospective renters through a tenant screening report. [1]
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5] Washington passed a similar bill in 2021. [6]
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
With Los Angeles eviction filings back at pre-pandemic levels, one woman found herself in court, pleading for more time to avoid homelessness.
In June 2023, tenants of Barrington Plaza formed the "Barrington Plaza Tenants Association" and filed a legal case against the Santa Monica-based real estate investment trust, Douglas Emmett, Inc., alleging violations of the California Ellis Act. The Ellis Act permits landlords to vacate their buildings if they intend to permanently withdraw ...
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