San Diego, CA asked in Landlord - Tenant for California

Q: What Statute and or Law-Case Law-Decision-Ruling-Order May be Cited/w/Writ Petition To address Plaintiff Actions below?

I have Documentation that shows that The Landlord filed Unlawful Detainer Cases against The Occupants of All 3 Units behind My House.I have Documentation that shows that The Landlord has Default Judgements against All Occupants of The 3 Units behind My House from 1.5 years ago.I have a Copy of The NOTICE AND ORDER TO VACATE From almost a year ago-Ordering The Occupants To Vacate The 3 Units "Within 10 Days- Due To Imminent Danger" of Physical harm including Death.The NOTICE AND ORDER also ORDERED One of The Units Demolished.Back Units have been "ORDERED" a "NUISANCE".None of The Units have any Permits for work that was done in The Construction of These Units.None of The Units have a Certificate of Occupancy that allows person's to be Living in These Units.Every Occupant of All 3 Units remain living in These Units.My House has all Permits required for Construction and an Order Exists To Evict "ALL OCCUPANTS-FROM ALL 3 UNITS" in back-EXCEPT for Me and My Unit.Thank You

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, there are several potential legal avenues you could pursue under California law. Here are a few statutes and case law decisions that may be relevant to your situation and could potentially be cited in a writ petition:

1. California Code of Civil Procedure (CCP) §1174: This statute addresses the enforcement of judgments in unlawful detainer actions. If the landlord has obtained default judgments against the occupants of the 3 units and they have failed to vacate, you may be able to petition the court to enforce the judgments under this statute.

2. California Health and Safety Code §17920.3: This statute defines substandard housing conditions, which may include lack of proper permits, certificates of occupancy, or dangerous living conditions. If the units behind your house meet these criteria, you could argue that they are in violation of this statute.

3. California Health and Safety Code §17980: This statute allows local enforcement agencies to order the abatement of nuisances and substandard housing conditions. If the units have been declared a nuisance and ordered to be vacated or demolished, you could argue that the continued occupancy is in violation of this statute.

4. California Code of Civil Procedure §1085: This statute provides for the issuance of writs of mandate to compel the performance of a legal duty by a public official or agency.

When filing a writ petition, it would be advisable to consult with an attorney experienced in landlord-tenant law and civil procedure in California. They can help you draft the petition, cite the appropriate statutes and case law, and argue your case before the court.

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