What is the test for making a Defendant pay a Defendant's unlawful detainer?

California, United States of America


The following excerpt is from Padilla v. Wells Fargo, N.A., D067521 (Cal. App. 2016):

Under this code section, the court must determine the payment amount based on the unlawful detainer plaintiff's "verified statement of the contract rent" and the unlawful detainer defendant's opposing evidence. ( 1170.5, subd. (c).) If the party fails to make the ordered payments, the sole statutory remedy is that the court shall terminate the continuance or stay, and conduct the trial "within 15 days of the date payment was due." ( 1170.5, subd. (d); see Garcia v. Cruz (2013) 221 Cal.App.4th Supp. 1, 7.) "After trial of the action, the court shall determine the distribution of the payment made into court or the escrow designated by the court." ( 1170.5, subd. (f), italics added.)

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