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Dezerega V. Meggs

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eBook details

  • Title: Dezerega V. Meggs
  • Author : California Court of Appeals
  • Release Date : January 16, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

We ordered transfer of this appeal from a judgment of the Alameda County Municipal Court after it was certified for such transfer by the appellate department of the Alameda County Superior Court. (Cal. Rules of Court, rules 61-69.) It concerns the right of a "roommate," whose occupancy in a leased apartment was approved and expressly authorized by the owner, to the protections of the eviction-control provisions adopted by the City of Berkeley and in effect when the owners sought to evict the "roommate." We conclude that, contrary to the determination of the appellate department, the trial court correctly held the "roommate" entitled to those protections as a matter of law, such that the "roommate" was entitled to summary judgment in view of the landlords' failure to serve a notice stating good cause for termination of the roommate's occupancy. We further conclude that we lack jurisdiction over the landlords' appellate challenge to an award of attorneys' fees. Accordingly, we affirm the judgment from which the appeal is taken, and dismiss the appeal from the fee award.


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