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Retaliatory eviction was first recognized as a cause of action in the California case Aweeka v. Bonds. [9] The case recognized the inequity of forcing the tenant to wait until they were confronted with an unlawful detainer action to bring up retaliatory eviction as a defense. [10]
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.
So that the owner does not have to be personally named as the plaintiff in the unlawful detainer lawsuit, the property management contract includes an assignment of the right of possession so that the property management company may be the named plaintiff in the unlawful detainer action.
Pursuant to California Government Code § 68070 and the Judicial Council California Rules of Court § 10.613, the Sacramento County Superior Court has adopted Local Rules for its government and the government of its officers.
Forcible entry is "the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force". [1] The term is also sometimes used for entry by military, police, or emergency personnel, also called breaching.
The Transitional Housing Participant Misconduct Act (THPMA) gives the right to THP to circumvent the lengthier unlawful detainer process to legally remove a participant from a transitional housing program. Transitional housing operator is allowed to file restraining order which requires to stop the abuse or forbidding the misconduct.
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Lange v. California, 594 U.S. ___ (2021), was a United States Supreme Court case involving the exigent circumstances requirement related to the Fourth Amendment to the United States Constitution. The Court ruled unanimously that the warrantless entry into a home by police in pursuit of a misdemeanant is not unequivocally justified.
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