Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dr. Leevil, LLC v. Westlake Health Care Center

California Court of Appeals, Second District, Sixth Division

March 7, 2017

DR. LEEVIL, LLC, Plaintiff and Respondent,
v.
WESTLAKE HEALTH CARE CENTER, Defendant and Appellant

          Superior Court of Ventura County, No. 56-2015-00465793-CU-UD-VTA, Vincent J. O'Neill, Jr., Judge.

Page 451

[Copyrighted Material Omitted]

Page 452

          COUNSEL

         Enenstein Ribakoff LaViña & Pham, Teri T. Pham and Courtney M. Havens for Defendant and Appellant.

         Law Offices of Ronald Richards & Associates, Ronald N. Richards, Nicholas Bravo; Law Offices of Geoffrey Long and Geoffrey S. Long for Plaintiff and Respondent.

         Opinion by Tangeman, J., with Yegan, Acting P. J., and Perren, J., concurring.

          OPINION

          [215 Cal.Rptr.3d 129] TANGEMAN, J.

          A 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[1] does not require that title be recorded before the notice to quit is served. We affirm.

         BACKGROUND

         Jeoung 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.

         Six 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

Page 453

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 trustee's sale.

         The day 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.