According to information received by our group in June of 2012, Bill Stewart presented the following information to California Assemblyman Jim Beall regarding the illegal use of the Unlawful Detainer complaint to eject homeowners after foreclosure sale, in violation of Cal. Code of Civ. Procedure section 1161(a).
The use of the unlawful detainer after sale is illegal in California.
Any judge who permits the use of the unlawful detainer after sale has violated the home owner’s civil rights, and a Title 42 Section 1983 action may be filed against that judge in his private capacity
Also, any judge who permits and rules on an unlawful detainer after sale rules in the complete absence of jurisdiction, violates the state and federal constitution and her or his oath of office, and can and should be impeached by the California State Legislature.
This oral presentation was the first on the August 26, 2011 public comments section of the California Judicial Council meeting agenda and is downloadable from: http://www.courts.ca.gov/15302.htm on the California Judicial Council website, and click the link for: Public Comment and Committee Reports.
Mr. Stewart is mentioned on page 1, and his written presentation is on pages 76 – 86 of the meeting materials, at the following link: http://www.courts.ca.gov/documents/082611writtencomments-to-post.pdf
Mr. Stewart can be reached at 408-830-4936