216 Cal. Rptr. 3d 871
Cal. App. Dep’t Super. Ct.2017Background
- Property foreclosed in April 2015; Bank of America became purchaser at the foreclosure sale.
- Joshua Epps’s parents bought the property at an online auction in August 2015 and transferred title to Joshua and Christina Epps in September 2015.
- Lindsey (tenant/defendant) had a disputed, written 10-year lease from former co-occupant Linda Barbee; Barbee previously quitclaimed her interest to Lindsey for $5,000 amid foreclosure proceedings.
- The Eppses served Lindsey with a 90-day notice to quit asserting successor-in-interest rights and intended to occupy the property as their primary residence.
- Lindsey refused to vacate and the Eppses sued for unlawful detainer; trial court granted summary judgment for the Eppses under Code Civ. Proc. §1161b.
Issues
| Issue | Plaintiff's Argument (Lindsey) | Defendant's Argument (Eppses) | Held |
|---|---|---|---|
| Whether §1161b’s phrase “purchaser or successor in interest” includes a later owner who acquired title after the foreclosure purchaser’s immediate successor | §1161b’s “successor in interest” should be limited to the purchaser’s immediate successor (or otherwise not include later owners), so the Eppses must honor pre-foreclosure lease | The Eppses are successors in interest who now own and intend to occupy the property and properly gave 90-days’ notice, so §1161b permits termination despite a pre-foreclosure lease | The term includes the current successor owner who holds title and intends to occupy; because Eppses gave 90-day notice and plan to occupy, they were not required to honor the lease; summary judgment affirmed |
Key Cases Cited
- Aguilar v. Atlantic Richfield Co., 25 Cal.4th 826 (standards for reviewing summary judgment)
- Riverside County Community Facilities Dist. v. Bainbridge, 77 Cal.App.4th 644 (appellate role in reviewing summary judgment)
- Be v. Western Truck Exchange, 55 Cal.App.4th 1139 (statutory application to undisputed facts reviewed de novo)
- Park Medical Pharmacy v. San Diego Orthopedic Associates Medical Group, Inc., 99 Cal.App.4th 247 (statutory construction principles)
- Nativi v. Deutsche Bank National Trust Co., 223 Cal.App.4th 261 (foreclosure generally terminates subordinate interests such as leases)