California, United States of America
The following excerpt is from Rochelle v. Deng, A154400, A155054 (Cal. App. 2020):
Rochelle argues that the trial court made a second instructional error by providing the following response to a jury question regarding the effect of the contract on the eviction: "If the contract was mutually agreed upon, then the eviction proceedings terminated on the date of the contract. Please answer all of the questions on the verdict form." We review the response to a jury question for abuse of discretion. (People v. Eid (2010) 187 Cal.App.4th 859, 881-882.)
Rochelle argues that the trial court erred in its response for two reasons. Neither is persuasive. First, Rochelle cites Pelletier v. Alameda Yacht Harbor (1986) 188 Cal.App.3d 1551 for the proposition that the contract did not terminate the eviction. But Pelletier does not support this proposition. It held: "[A] stipulated judgment of unlawful detainer had no
Page 17
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.