Real Estate/Development,
California Courts of Appeal
May 11, 2021
After ruling, tenants can no longer weaponize Delta motions
Over the years, motions to quash based on Delta would become a clever tactic used by tenant attorneys to attack unlawful detainer complaints, try to force mini-trials on the merits on the front end, and, if unsuccessful, at least buy the tenants months, if not years, worth of delay with petitions for extraordinary writs.
In 1974, the putative owner of a property in Los Angeles filed an unlawful detainer action to remove his tenants. Except that they were not his tenants. They had purchased the home from him under an installment sales contract and then started to miss their payments. Their sales contract provided that, in the event of a breach, the contract would essentially transform into a lease, the buyers would become tenants, the contract payments would become rent payments, and t...
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