Ramos

Ramos v. U.S. Bank National Assn. CA1/4

Good Law
Court of Appeal of CaliforniaApril 17, 2013A131750California6,554 words

Opinion

Opinion

Rivera, J.

I.

FACTUAL AND

PROCEDURAL HISTORY

For some years prior to 2009, the Ramoses resided at 1000 Kellogg Street in Suisun City (the property) as tenants. Eric Tabernero was the property owner. In September 2009, the Bank purchased the property at a trustee’s sale. In mid-September, the Bank’s attorneys, the Endres Law Firm, by and through David Endres (collectively, Endres), served on the Ramoses a “Notice to Occupant(s) to Vacate Premises” demanding that the premises be vacated and turned over to the new owner within 3, 60 or 90 days, depending upon the nature of the tenancy. Two days later the Ramoses called Endres and stated they were tenants of the former owner and were in possession of the property pursuant to a lease. Endres did not receive a copy of the lease, but assumed such a lease existed and therefore gave the Ramoses 90 days to vacate. The Ramoses did not move out so Endres, on behalf of the Bank, filed a complaint for unlawful detainer on December 18, 2009. The complaint sought possession of the premises and the “reasonable value for the use and occupancy of the Property” of $70 per day. The Ramoses, acting in propria persona, filed an answer to the complaint, stating…

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