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California Civil Code Section 1952

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1952

1952.  (a) Except as provided in subdivision (c), nothing in
Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter
4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, relating to actions for unlawful detainer, forcible
entry, and forcible detainer.
   (b) Unless the lessor amends the complaint as provided in
paragraph (1) of subdivision (a) of Section 1952.3 to state a claim
for damages not recoverable in the unlawful detainer proceeding, the
bringing of an action under the provisions of Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil
Procedure does not affect the lessor's right to bring a separate
action for relief under Sections 1951.2, 1951.5, and 1951.8, but no
damages shall be recovered in the subsequent action for any detriment
for which a claim for damages was made and determined on the merits
in the previous action.
   (c) After the lessor obtains possession of the property under a
judgment pursuant to Section 1174 of the Code of Civil Procedure, he
is no longer entitled to the remedy provided under Section 1951.4
unless the lessee obtains relief under Section 1179 of the Code of
Civil Procedure.

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Last modified: March 17, 2014