Butenschoen v. Flaker
A trial court cannot deny an unlawful detainer defendant the right to respond to an unlawful detainer complaint by answer or demurrer at the defendant's election. Read More
The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
A trial court cannot deny an unlawful detainer defendant the right to respond to an unlawful detainer complaint by answer or demurrer at the defendant's election. Read More
A defendant in an unlawful detainer action has the right to a jury trial if there is a factual dispute over habitability of the premises. Read More
Normally, a payment is not “made” until the creditor receives it; however, if the creditor directs payment by mail, the payment is “made” when deposited in the mail. Read More
A purchaser at a foreclosure sale need not perfect its title in the property by recording a trustee's deed upon sale before serving the occupant(s) with a notice to quit, so long as title is perfected before the ensuing unlawful detainer action is filed and served. Read More