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
Original Source: https://www.courtlistener.com/opinion/2256036/chacon-v-litke/ ↗

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Litke’s claim that he complied with the Ordinance in legally evicting the Chacons under section 37.9, subdivision (a)(ll), is irrelevant to the issue whether he continued to be lawfully in possession after the three-month period had expired. Our determination as a matter of law that the Ordinance did not authorize him to retain permanent possession necessarily defeats his claim that the court erred in striking his Twelfth affirmative defense asserting his compliance with the Ordinance. It also necessarily defeats his Sixteenth affirmative defense that the Chacons’ failure to vacate upon receiving the 60-day notice excused him from permitting them to reoccupy the apartment.

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