California Court of Appeal

Grant of a motion for relief from for relief from the forfeiture of a lease is affirmed over a claim that the trial court had no jurisdiction to reconsider and modify an award of per diem damages, because Code of Civil Procedure section 1179 gives a court the authority to relieve a defendant of burdens of a judgment in an unlawful detainer action.

Appellate Information

• Decided 03/15/2006
• Published 03/15/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos, Sacramento;  Kerr Law Group, Bruce L. Kerr, and D. Robert Morris, Sacramento, for Plaintiff and Appellant.


• For Appellees:
  
• Dell'Ario & LeBoeuf, A. Charles Dell'Ario, Jacques B. LeBoeuf, Oakland;  and Harvey W. Stein, Oakland, for Defendants and Respondents.