Does a lessor have jurisdiction to recover possession of real property in a special proceeding?

California, United States of America


The following excerpt is from N. 7th St. Assocs. v. Constante, 212 Cal.Rptr.3d 356, 7 Cal.App.5th Supp. 1 (Cal. Super. 2016):

creating it. [Citations.] As special proceedings are created and authorized by statute, the jurisdiction over any special proceeding is limited by the terms and conditions of the statute under which it was authorized [citation], and a lessor's action to recover possession of real property is not one for unlawful detainer where he does not comply with the statutory ... requirements [citation]. The statutory procedure must be strictly followed. [Citations.]" (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 599600, 181 Cal.Rptr. 795.)

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