What is the legal test for evicting a person from their home?

Code of Civil Procedure section 1161 sets forth the procedural mechanism for effecting a lawful eviction through an unlawful detainer proceeding. An unlawful detainer action "is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute." (Berry v. Society of Saint Pius X (1999) 69 Cal.App.4th 354, 363.) The statutory remedy "is available in only three situations: to a lessor against a lessee for unlawfully holding over or for breach of a lease; to an owner against an employee, agent, or licensee whose relationship has terminated; and to a purchaser at an execution sale, a sale by foreclosure, or a sale under a power of sale in a mortgage or deed of trust against the former owner and possessor. [Citations.]" (Greene v. Municipal Court (1975) 51 Cal.App.3d 446, 450.)

Under Code of Civil Procedure sections 1159 and 1160, statutory remedies are also available to occupants of real property for forcible entry or detainer, which "'is a summary proceeding to recover possession of premises forcibly or unlawfully detained.'" (Jordan v. Talbot (1961) 55 Cal.2d 597, 604.) "For occupants in peaceful possession of

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