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Eviction Instructions – Los Angeles Sheriff’s Department

Due to an increase in issues arising from eviction cases throughout the State of California, the Los Angeles Sheriff's Department has revised its eviction instructions to assist with threat assessment, relocation, access and entry issues. The new form requires landlords to provide detailed information regarding the identity of the occupants of the property. The new form is mandatory for all evictions commencing April 1, 2015.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Foreclosure Notice of Default Signed By Company "As Trustee" Before It Became Trustee is Valid

In a published opinion dated February 6, 2015, the California Court of Appeal held that a notice of default signed by Aztec Foreclosure Corporation (Aztec) "as trustee" before Aztec was substituted in as the trustee under the deed of trust was valid. The Court of Appeal rejected the borrower’s argument that failure of the original trustee to sign the notice of default "broke the chain of recorded title rendering all subsequent foreclosure proceedings, including the trustee’s sale, void and of no effect." Even if Aztec lacked authority to sign the notice of default as trustee at the time it took this action, Aztec’s authority was subsequently ratified by the lender when it formally named Aztec as trustee several weeks later. (Ram v. Onewest (2015) 234 Cal.App.4th 1)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Orange County Appellate Court Affirms Post-Judgment Order Substituting Plaintiff In Eviction Action

On January 29, 2015, the Orange County Superior Court Appellate Department upheld a post-judgment order substituting (changing) the plaintiff in a post-foreclosure unlawful detainer judgment. Ruzicka, Wallace & Coughlin, LLP successfully represented the plaintiff in the trial and appellate court proceedings.

Another Ruzicka, Wallace & Coughlin Client Prevails in Jury Trial

In Alcone v. Valbuena, Ruzicka, Wallace & Coughlin, LLP represented the plaintiff in an unlawful detainer action based on expiration of a lease term.  The tenants, who were renting a multi-million dollar residence, contended that the tenancy had been extended pursuant to the agreement of the parties or, alternatively, the landlord had accepted rent after expiration of the term thereby creating a month-to-month tenancy.   The jury decided otherwise awarding the landlord possession of the premises, rental holdover damages in the amount of $77,999.66, attorney’s fees and costs. The case involved complicated legal issues relating to rescission.

Protecting Tenants at Foreclosure Act of 2009 Expires

The Protecting Tenants at Foreclosure Act of 2009 (“PTFA”) Sunsets. The PTFA took effect on May 20, 2009. The PTFA allowed bona fide tenants of foreclosed properties to continue occupying the property for 90 days following receipt of a notice to vacate or for the remainder of the tenant’s lease, whichever time period was longer.  The law was originally scheduled to expire on December 31, 2012, but was extended to December 31, 2014.  Many states, including California, have passed similar laws that remain in effect. (See, Code of Civil Procedure section 1161b).

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.