This case has been cited 1 times or more.
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2016-01-15 |
BRION, J. |
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| To make a case for unlawful detainer, the complaint must allege that: (a) initially, the defendant lawfully possessed the property, either by contract or by plaintiffs tolerance; (b) the plaintiff notified the defendant that his right of possession is terminated; (c) the defendant remained in possession and deprived plaintiff of its enjoyment; and (d) the plaintiff filed a complaint within one year from the last demand on defendant to vacate the property.[8] A complaint for accion publiciana or recovery of possession of real property will not be considered as an action for unlawful detainer if any of these special jurisdictional facts is omitted.[9] | |||||