Legal Opinion

Erlach v. Sierra Asset Servicing, LLC

California Court of Appeal

Decided June 10, 2014No. H038594PublishedCited by 15 opinions

1Opinion of the Court

Opinion

ELIA, J.

Joseph R. Erlach (appellant) appeals from a judgment of dismissal of his complaint against Sierra Asset Servicing, LLC (Sierra), entered after the trial court sustained Sierra’s demurrer without leave to amend. Appellant contends that it was error for the trial court to determine that his residential lease was void and that he was a squatter with no legal rights because a code enforcement notice (red tag) terminated his original tenancy, and to determine that any subsequent lease with Sierra was an illegal contract and void. We agree and reverse the judgment of dismissal.

Factual…

2Cases cited29 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
  3. Zelig v. County of Los AngelesCalifornia Supreme Court · 2002
  4. Green v. Superior CourtCalifornia Supreme Court · 1974
  5. Elsner v. UvegesCalifornia Supreme Court · 2004

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3Cited by15 opinions

  1. Multani v. Knight, California Court of Appeal, 5th District2018
  2. Baek v. Continental Casualty Co.California Court of Appeal · 2014
  3. Bregan v. The John Stuart CompanyDistrict Court, N.D. California · 2023
  4. Bregan v. The John Stuart CompanyDistrict Court, N.D. California · 2024
  5. Harris v. Acts Syrene ApartmentsDistrict Court, N.D. California · 2022

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