Legal Question in Real Estate Law in California

My friend rented a storage unit and was accused of living in it. A 24 hour notice to vacate was posted on the unit, stating that pursuant to section 1001.1 of the uniform housing code and sections 1790 & 17920.3 of the health and safety code, the city of Upland, Ca has declared this building to be a hazard to the health and safety of the occupants. It says that he has not only 24 hours to vacate his person, but 24 hours to vacate his property as well. The allogations of his residing in the unit are false. Are there any motions he can file with the court to overturn, or suspend this action


Asked on 8/28/09, 3:03 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your friend could seek a temporary restraining order (TRO) and an injunction against the City and the storage unit's landlord/operator. But why? It would be very expensive to initiate a defensive lawsuit - he would need a good (experienced) lawyer and the lawyer would need to put in a lot of hours immediately. The filing fees alone would approach $400. The sensible thing to do is move out and store whatever's in the unit somewhere else.

(I assume there is no lawsuit or other action now pending in any court - i.e., that the 24-hour notice to vacate was not accompanied by a summons and complaint. Therefore, the only "motion" or other papers your friend could file with the court would be those necessary to initiate a lawsuit and seek an ex-parte TRO, and your friend would be the plaintiff.)

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Answered on 8/28/09, 11:32 am


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