California Eviction Defense:

Transcription

1 California Eviction Defense: Protecting Low-Income Tenants 0 Co-Chairs Madeline S. Howard Jith Meganathan Practising Law Institute Avenue of the Americas New York, New York 00

2 Sample Defendant s Proposed Jury Instructions Shirley Gibson Legal Aid Society of San Mateo County If you find this article helpful, you can learn more about the subject by going to to view the on demand program or segment for which it was written.

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4 Shirley E. Gibson (SBN 0) LEGAL AID SOCIETY OF SAN MATEO COUNTY East th Avenue San Mateo, California 0 Telephone: (0)-0 Attorneys for Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO SOUTHERN BRANCH LIMITED CIVIL JURISDICTION 0 HOUSING CORPOPRATION., Plaintiff, vs. TENANTS, et al., Defendants. / CASE NO. CLJ XXXXXX DEFENDANT S PROPOSED JURY INSTRUCTIONS Trial Date: July, 00 Time: :00 a.m. Dept: TBD 0 trial: Defendant TENANT submits the following jury instructions to be read to the jury at

5 Defendant s Special Jury Instruction # Termination only for Material Noncompliance A landlord of a Project-Based Section tenancy shall not terminate the Lease except for material noncompliance with the lease. CFR.0 Defendant s Lease, section (F) () 0 GIVEN AS REQUESTED GIVEN AS MODIFIED 0

6 0 Defendant s Special Jury Instruction # Material Noncompliance Defined Material noncompliance in this case means that the tenant, members of the household, or their guests shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. Violation of this prohibition shall be a substantial violation of the lease. CFR.0 Defendant s Lease, section (F) () (iii) GIVEN AS REQUESTED GIVEN AS MODIFIED 0

7 0 Defendant s Special Jury Instruction # Requirement that Termination Notice Specify Grounds for Termination If the owner seeks to evict a family from a Project-Based Section tenancy, the owner must give the tenant a written notice that specifies the grounds for termination of tenancy during the term of the lease. The notice of lease termination must state the reasons for termination, specified in enough detail for the tenant to prepare a defense. CFR.0(e) Defendant s Lease, section (F) () (i) (b) GIVEN AS REQUESTED GIVEN AS MODIFIED 0

8 0 0 Defendant s Special Jury Instruction # Level of Specificity Required in the Termination Notice The level of specificity required in the termination notice is that the owner must provide enough facts to identify the particular alleged incidents of violation, such as the dates and times of any violations, the parties involved, where the incident occurred, who was harmed or who complained of the conduct, and what provisions of the lease have been breached. Escalera v. New York City Housing Authority (0) F.d, Swords to Plowshares v. Smith (00) F.Supp.d 0 (US Dist. Ct.-Nor. Cal. Dist.) Cuyahoga Metro. Housing Authority v. Younger, Ohio App.d, ; N.E.d, () Housing Authority of the County of King v. Saylors () P.d Housing Authority of DeKalb County v. Pyrtle () 0 S.E.d GIVEN AS REQUESTED GIVEN AS MODIFIED

9 Defendant s Special Jury Instruction # Owner May Only Rely on Allegations Stated in the Notice In a court action for eviction of the Tenant, the Landlord may rely only on the grounds stated in the notice of Lease termination. CFR.0 Defendant s Lease, section (F) () (vi) 0 GIVEN AS REQUESTED GIVEN AS MODIFIED 0 0

10 Defendant s Special Jury Instruction # Requirement that Termination Notice Specify Date of Termination If the owner seeks to evict a family from a Project-Based Section tenancy, the owner must give the tenant a written notice that states the date the lease will terminate. CFR.0 Defendant s Lease, section (F) () (i) (a) 0 GIVEN AS REQUESTED GIVEN AS MODIFIED 0

11 Defendant s Special Jury Instruction # Violation of Vehicle Code 00(c) is an Infraction A violation of California Vehicle Code 00(c), driving without a license in a parking lot, is an infraction, not a misdemeanor or felony crime. California Penal Code (d) and. 0 0 GIVEN AS REQUESTED GIVEN AS MODIFIED

12 Defendant s Special Jury Instruction # Violations by minors are not crimes Minors (children under years old) are not considered criminals when they violate the law, and violations by minors are not prosecuted as crimes. Minors are prosecuted through the juvenile justice system. California Welfare & Institutions Code 0, et seq. 0 GIVEN AS REQUESTED GIVEN AS MODIFIED 0

13 0 Defendant s Special Jury Instruction # Rules are Strictly Construed in Unlawful Detainer Cases The statutes which provide for the summary remedy of unlawful detainer must be strictly construed. An owner who seeks the summary remedy of unlawful detainer must bring himself strictly within its terms. Termination notices that do not strictly comply with the law are rejected and cases dismissed. Briggs v. Electronic Memories & Magnetics Corp. () Cal.App.d 00, 0 Baugh v. Consumers Associates, Ltd. () Cal.App.d, Nourafchan v. Miner () Cal.App.d, GIVEN AS REQUESTED GIVEN AS MODIFIED 0 0

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