California Court of Appeal

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Beach Break Equities, LLC v. Lowell, 069313

In an unlawful detainer action against a tenant, who was evicted during the appeal, the trial court's judgment in favor of landlord-plaintiff, ruling that defendant was not entitled to a restitution hearing for the eviction because he had not filed an affirmative cross-complaint, is reversed where: 1) the court erred in denying tenant-defendant's request for a hearing on his restitution claim; and 2) under settled law, defendant was entitled to a restitution hearing even without filing a cross-complaint.

Appellate Information

  • Decided
  • Published 2016/12/14




  • California Court of Appeal


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