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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)

Citation
Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Parent Document
Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Jurisdiction
California (state)
Effective Date
2010-01-19

Other Sections in This Document (180)

Full Text

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On April 1, 2005, Litke petitioned the rent board for an additional 120 days within which to complete the repairs. The Chacons received notice and opposed the petition, claiming Litke was delaying the process to prevent them from reoccupying the apartment. Litke responded, claiming that the Chacons lacked standing to oppose the petition because the 60-day notice to vacate had advised them they would forfeit the lease unless they moved out, which they failed to do; the unlawful detainer judgment terminated their right to possession, causing a forfeiture of the lease and had res judicata and collateral estoppel effect as to the Chacons’ right to reoccupy the unit; and the Chacons waived any right to reoccupy by virtue of the Stipulation staying their eviction for one week. *1243