Zimmerman

Zimmerman v. Stotter

Good Law
160 Cal. App. 3d 1067·1984 Cal. App. LEXIS 2613·207 Cal. Rptr. 108
Court of Appeal of CaliforniaOctober 16, 1984B002784California4,377 words

Opinion

Opinion

Stephens, J.

Plaintiff Nancy Zimmerman (hereinafter appellant) appeals from an order entering summary judgment in favor of defendant Hollie Stotter (hereinafter respondent). Of principal concern is whether triable issues of fact exist in a dispute arising out of a judgment of unlawful detainer and subsequent satisfaction of that judgment, or whether the merits of appellant’s contentions were completely barred from additional contestation by the doctrines of res judicata/collateral estoppel.

In 1977, appellant took occupancy of one-half of a duplex located in the community of Venice pursuant to an oral rental agreement with the then owner of the property (respondent’s predecessor). In the summer of 1980, respondent purchased the subject property for $175,000. The purchase had been arranged by codefendant Fred Sands Realtors.

In August 1980, appellant received from respondent a 30-day notice to quit the aforementioned premises. In pertinent part, the purported purpose of the notice to quit was for the new owner to remove the property from the rental market. While appellant remained in possession, respondent filed declarations with the Rent Stabilization Unit of the Community…

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