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The legislature passed the Ellis Act in response to the California Supreme Court's decision in Nash v. City of Santa Monica [ 2 ] (1984) 37 Cal. 3d 97 that held that municipalities could prevent landlords from evicting their tenants to "go out of business" in order to withdraw their property from the rental market.
The court applied similar reasoning to the writ of prohibition the next year. [34] To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose. [34]
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
Erik Henningsen's painting Eviction held by the National Gallery of Denmark.1892 RIC and Hussars at an eviction-Ireland 1888 Two men with children, being evicted, stand with their possessions on the sidewalk, circa 1910, on the Lower East Side of New York City. Eviction is the removal of a tenant from rental property by the landlord.
Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. [1] In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. [2] Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. [1]
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.