California Case Summaries

Appellate Division (Superior Court)

Appellate Division (Superior Court), Civil Procedure, Litigation, Real Estate Law

Gerard v. Cuevas — Trial Court Abused Discretion by Imposing Terminating Sanction for Tenant’s Failure to Comply With Last-Minute Notice to Attend Trial

Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987's 10-day notice period to 91 minutes and then striking the tenant's answer for not appearing.

Appellate Division (Superior Court), Collections & Creditor Rights, Litigation

Spring Oaks Capital SPV v. Fowler — Debt Buyer Cannot Win Trial Without Disclosed Witness Address and Properly Authenticated Business Records

Santa Clara Appellate Division reverses a debt-buyer's trial judgment, holding the trial court erred in admitting testimony from an undisclosed witness and account records that were not properly authenticated under the business-records hearsay exception.

Appellate Division (Superior Court), Labor & Employment Law, Litigation, Real Estate Law

De Paolo v. Rosales — Tenant Protection Act’s Just-Cause Provisions Do Not Apply When Resident Manager’s Tenancy Ends With Termination of Employment

Los Angeles Appellate Division affirms an unlawful-detainer judgment against a resident manager whose tenancy was tied to her employment, holding the Tenant Protection Act's 60-day notice and just-cause requirements do not apply where housing was provided as employment compensation under a written agreement.

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