Chapter 15

 

 

Glendale Federal Bank v. Hadden (1999) 73 C.A4th 1150 involved a lender who loaned tenants $332,500 secured by a deed of trust on their leasehold interests. The tenants defaulted and were served with a notice to quit or pay rent after which an unlawful detained action was brought. The court declared that the lease was forfeited. Glendale Federal was not named or notified of the action. Glendale requested permission to cure the deficient payments but the landlord refused. Glendale Federal sued asking for declaratory relief. The Orange County Superior Court granted summary judgment for the landlord. The Court of appeal affirmed. They ruled that the unlawful detainer terminated the lender's lien interest in the leasehold and the lender had no contractual right to receive notice of tenants' default.

 

 

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The case of Lee v. Baca (1999) 73 C.A4th 1116 involved an unlawful detainer action against a tenant who was delinquent in rent. After a writ of possession was issued the tenant filed for bankruptcy and notified the Sheriff who indicated he would not enforce the writ of possession until Lee obtained relief from the automatic stay.

 

Lee brought an action against the Sheriff asking for damages and injunctive relief declaring that the Sheriff was required by law to enforce writs of possession not withstanding a post judgment bankruptcy petition. The Los Angeles County Superior Court dismissed the action but Lee appealed.

 

The Court of Appeal reversed the dismissal and remanded the case to trial as to damages and attorney fees. The court pointed out that under California law, a tenant has no legal or equitable interest remaining in rented property if a judgment for possession has been entered in favor of the landlord. This case clarifies that a sheriff must execute a writ of possession obtained prior to a tenant's filing for bankruptcy or could be liable for lost rent.

 

 

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The case of Amos v. Alpha Property management (1999) 73 C.A.4th 895 involved a two-year old child who was injured after falling through a hall window in an apartment building. The window as 28 inches above the floor. While it had a screen, tenants would remove the screen to throw garbage into a dumster. The lease stated "Children are not allowed to play in hallways, stairways or other common areas in the project". The defendants moved for  summary judgement arguing they had no duty to assure a child did not fall out of a window. the Los Angeles County Superior Court granted summary judgment for the owners and managers.

 

The Court of Appeal reversed ruling that the trial court erred in ruling that defendants had no duty to assure that a minor child would not fall out of a low, open window (window was kept open). The court held that a landlord must exercise due care for residents' safety in areas under the landlord's control. The court ruled that summary judgment was not proper and there was a triable issue as to whether the defendants breached their duty of care by maintaining a low, open, unprotected hallway window knowing that young children were likely to play there.

 

 

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