Little v. Sanchez

In Little v. Sanchez (1985) 166 Cal.App.3d 501, the record showed that the property owner had prepared documents in English that resembled official court forms; the documents "were captioned 'STIPULATION FOR JUDGMENT UNLAWFUL DETAINER.'" (Little, at p. 504.) The tenants, who did not speak English, signed the documents, and thereby agreed that the landlord was entitled to immediate possession of their homes and the execution "was to be 'stayed' only after the tenants, in essence, had made full payment of all their arrearages. More importantly, this stay was thereafter to remain contingent upon the tenants paying to respondent 'on the 1st of each and every month an amount that often far exceeded their scheduled rent as consideration for the stay herein so long as defendant(s) remain in possession of said premises, no new tenancy being created by said payment.'" (Id. at p. 504.) The tenants provided declarations that they were unaware of the nature and effect of these stipulations and the landlord never challenged the truth of these declarations. (Ibid.) The reviewing court held that these stipulations were void as they dispossessed the tenants without notice or hearing in the event they failed to pay their monthly installment. (Id. at p. 505.)