Q: CCP Code that states all Real Parties in interest must be included in the Unlawful Detainer to evict a tenant?
If there is more than one Real Party In Interest, do all Real Parties In Interest have to be included in an Unlawful Detainer Lawsuit to be valid as "Standing" for an Unlawful Detainer to proceed, and or be valid for sustaining a valid UD?Thank You for your time and response.
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A:
Under California law, the Code of Civil Procedure (CCP) Section 1161 outlines the requirements for an Unlawful Detainer (UD) action. All real parties in interest, meaning those with a significant interest in the property, must be included in the UD action to ensure proper standing. This includes all tenants and subtenants with a claim to possession.
If there are multiple real parties in interest, each must be named in the UD lawsuit for the action to be valid. Failing to include all parties can result in a dismissal or complications in the enforcement of the eviction. Properly identifying and naming each party ensures that the court can provide a comprehensive judgment that addresses all interests in the property.
To avoid issues with standing and validity, thoroughly review all lease agreements and property records to identify every party with a legitimate claim to occupancy. This step is crucial for a successful UD action and to prevent delays in the eviction process. By ensuring all real parties in interest are included, you strengthen the legal basis for your case.
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