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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation
Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984) (1a)
Parent Document
Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction
California (state)
Effective Date
1984-11-15

Other Sections in This Document (89)

Full Text

1,120 chars
(1a) Our analysis of the Mobilehome Residency Law's notice to nontenant procedure of former Civil Code section 798.55, subdivision (b) places us in accord with the trial court. We hold that under the facts at bench plaintiff's failure fully to comply with former section 798.55, subdivision (b) does not defeat his right to maintain the unlawful detainer action and *10 that, as observed by the trial court, because proper notice to the nontenant owner could be accomplished by reservice of notice, "to hinge a plaintiff's entire right to proceed on the making of such a totally duplicative, redundant notice, and [that] to interpret [former] section 798.55, subdivision (b) as requiring such wasteful conduct as an essential prerequisite to a right of action would be to elevate form over substance and to require the performance of a useless act, which is something that the law will never do." Our holding is based upon comparison of the Mobilehome Residency Law with the unlawful detainer sections contained in the Code of Civil Procedure, and by what we perceive to be the dominant purpose of requiring such notice.