Is an unlawful detainer action governed solely by the provisions of the statute creating it?

California, United States of America


The following excerpt is from Palm Prop. Inv.S LLC v. Yadegar, B224040 (Cal. App. 2011):

v. Motta, supra, at p. 113.) An unlawful detainer action "'is a statutory proceeding and is governed solely by the provisions of the statute 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.... [t]he statutory procedure must be strictly followed. [Citations.]" (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 599-600.)

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