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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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In March 2008, after issuing a proposed statement of decision, to which Litke filed objections, the trial court issued its final statement of decision. It ruled that Litke had wrongfully recovered permanent possession of the apartment in violation of the Ordinance. The court concluded that, “[pursuant to the stipulation signed by the parties on January 4, 2005, [Litke] had the right to temporarily repossess [the Chacons’] apartment for a period not to exceed ninety days in order to make needed repairs. Upon expiration of those ninety days, however, [the Chacons] retained the statutory right under . . . section 37.9[, subdivision] (a)(ll) to reoccupy the premises. Thus, the Court finds that [Litke] lawfully used the temporary possession provision under section 37.9[, subdivision] (a)(ll) as well as the judgment in the unlawful detainer action to obtain possession of [the Chacons’] apartment. However, once he gained temporary possession of the premises, [Litke] wrongfully recovered permanent