Valencia v. Couch

Citations

• 32 Cal. 339

Syllabus

<p>Complaint in Forcible Entry and Detainer. — Forcible entry and forcible detainer are separate causes of action, and ought to be separately stated in different counts in the complaint. If not so stated in the complaint it is bad on demurrer, but if the complaint is not demurred to the objection is waived.</p> <p>Pleadings in Forcible Entry and Detainer.—The offenses mentioned in the Forcible Entry and Detainer Act should be separately stated in the complaint,• and fraud, if relied on, should also be separately stated.</p> <p>Amendment to Complaint.—If the plaintiff sues upon one only or upon two of the causes of action mentioned in the Forcible Entry and Detainer Act, and the testimony makes a cause of action named in the Act, but not set out in the complaint, it is the duty of the Court on its own motion, or on the motion of the plaintiff, to permit him to amend his complaint to suit the testimony. Amendments to Pleadings.—A motion to amend a complaint does not come too late because made after the plaintiff has closed his testimony and the defendant has moved for a nonsuit. A motion to amend is always in time when it immediately follows an objection to the complaint or answer.</p> <p>Possession of Lot.—A person has possession of a lot twenty-eight feet by one hundred and thirty-two sufficient to enable him to maintain forcible entry and detainer, if it adjoins a lot on which he lives, and has a stable on it, and he cultivates it, even though the fence inclosing the whole is not very substantial.</p> <p>Entry upon Another's Possession.—One entering upon a lot in the possession of another does not effect a complete entry and acquire possession until he has expelled the party in possession and effected an exclusive lodgment.</p> <p>Forcible Entry.—For the purpose of determining whether an entry is forcible, all that transpires between the parties from the time of the coming of one until the going out of the other is to be taken into account.</p> <p>What constitutes