Section 415.46 - Prejudgment claim of right to possession

1 Analyses of this statute by attorneys

  1. In re Perl - 9th Circuit Changes Rules Relating to Bankruptcy Stay and California Eviction Law

    Randolf KrbechekJanuary 21, 2016

    It deals with the prejudgment claim to possession that can be asserted by third parties in possession of the property. The court’s analysis is not supported by statute.Thus, the court concluded that “The unlawful detainer judgment and writ of possession entered pursuant to California Code Civil Procedure § 415.46 bestowed legal title and all rights of possession upon Eden Place. Thus, at the time of the filing of the bankruptcy petition, Perl had been completely divested of all legal and equitable possessory rights that would otherwise be protected by the automatic stay.