California Court of Appeals, Second District, Sixth Division
DR. LEEVIL, LLC, Plaintiff and Respondent,
WESTLAKE HEALTH CARE CENTER, Defendant and Appellant
Superior Court of Ventura County, No.
56-2015-00465793-CU-UD-VTA, Vincent J. O'Neill, Jr.,
[Copyrighted Material Omitted]
Ribakoff LaViña & Pham, Teri T. Pham and Courtney
M. Havens for Defendant and Appellant.
Offices of Ronald Richards & Associates, Ronald N.
Richards, Nicholas Bravo; Law Offices of Geoffrey Long and
Geoffrey S. Long for Plaintiff and Respondent.
by Tangeman, J., with Yegan, Acting P. J., and Perren, J.,
Cal.Rptr.3d 129] TANGEMAN, J.
purchaser at a foreclosure sale seeks to evict the occupant
of the property as soon as possible. It serves a notice to
quit after the sale but before recording title to the
property. Here we reject the occupant's claim that the
notice to quit is premature, and hold that Code of Civil
Procedure section 1161a does not require that title be
recorded before the notice to quit is served. We affirm.
Hie Lee and Il Hie Lee own Westlake Village Property, L.P.
(Westlake Village), a business entity that formerly owned a
skilled nursing facility. In 2002, Westlake Village leased
the facility to Westlake Health Care Center (Westlake
Health), a corporation also owned and controlled by the Lees.
The lease had an automatic subordination clause and a
permissible subordination clause with a nondisturbance
provision. It was for a 20-year term.
years into the lease, Westlake Village took out a five-year
loan from TomatoBank, N.A., secured by a deed of trust on the
nursing facility. When Westlake Village defaulted on the loan
and filed for bankruptcy, TomatoBank
sold the loan to Dr. Leevil, LLC (Leevil). Leevil obtained
relief from the bankruptcy stay, instituted a nonjudicial
foreclosure, and purchased the nursing facility at a
after it purchased the facility, Leevil served Westlake
Health with a notice to quit. Leevil recorded title to the
facility five days later. Westlake Health did not vacate the
facility, and Leevil sued for unlawful detainer. Westlake
Health's answer alleged 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. At a bifurcated
trial, the court found that the lease was ...