Taylor v. Nu Digital Marketing, Inc.
Annotate this CaseIn this unlawful detainer action, judgment was entered in favor of plaintiffs, Jon and Kimberly Taylor, owners of real property located in Auburn, and against defendant Nu Digital Marketing, Inc., that acquired possession of the property through an agreement titled, “Contract of Sale Residential Property,” but that the trial court found to be a lease notwithstanding the title. Defendant appealed, contending plaintiffs' complaint did not state a cause of action for unlawful detainer because the agreement was a contract of sale, and a defaulting buyer in possession of property under such a contract is not subject to removal by the summary method of unlawful detainer. After review, the Court of Appeal concluded the agreement was both a lease and a contract of sale, but because possession was achieved through the lease terms of the agreement, unlawful detainer was properly used to regain possession.
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