Is 'Unlawful Detainer' the cause of action? (I don't see that in CACI, perhaps I'm missing it.)
Or is, for instance, "X failed to pay rent.' or 'X defaulted on the mortgage' the cause of action?
Of course I found UD in the CACI right after asking. Section 4300 in the CACI is UD. Original question still stands: Additional query: As CACI for UD ONLY applies to tenant/landlord relations, is there some other authority for Homeowner evictions to take place in UD court? (CCP 2924 only authorized purchasers at foreclosure sales to assume previous landlord's status.)
Real Estate Attorney
The term "cause of action" is incredibly slippery. A court would say, "California follows the primary right theory of Pomeroy; i.e., a cause of action consists of 1) a primary right possessed by the plaintiff, 2) a corresponding primary duty devolving upon the defendant, and 3) a delict or wrong done by the defendant which consists in a breach of such primary right and duty." Got it? Neither do most judges or lawyers. The cause of action for a homeowner eviction is probably that the plaintiff bought the property after a trustees sale with proper notice and that the defendant refuses to leave after three-days notice.
To answer your second question, Code of Civil Procedure section 1161a allows unlawful detainer actions following foreclosure.
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