Dr. Leevil, LLC v. Westlake Health Care Center

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After Westlake Health failed to vacate Westlake Village, plaintiff filed suit for unlawful detainer. Westlake Health argued that its lease was senior to the deed of trust and that the notice to quit was invalid because it was served before title was recorded. The trial court found that the lease was subordinate to the deed of trust and was extinguished by the trustee's sale, and that the notice to quit was valid. Westlake Health was evicted and plaintiff leased the facility to another business. Plaintiff subsequently filed a motion to dismiss Westlake Health's appeal as moot. While this case was under submission, the state Supreme Court ordered publication of U.S. Financial, L.P. v. McLitus (2016). In McLitus, the Appellate Division of the San Diego County Superior Court held that a property owner's service of a notice to quit before it perfects title to the property renders invalid any subsequent unlawful detainer proceeding. The court explained that none of the cases cited in McLitus support the requirement that title be perfected before service of the notice to quit. In this case, the court rejected Westlake Health's claim that the notice to quit was premature, and held that Code of Civil Procedure section 1161a does not require that title be recorded before the notice to quit was served. Accordingly, the court denied the motion to dismiss and affirmed the judgment, awarding plaintiff costs on appeal. View "Dr. Leevil, LLC v. Westlake Health Care Center" on Justia Law