California Code of Civil Procedure Section 1174 - Interpretation

In Gray v. Whitmore (1971) 17 Cal.App.3d 1, the court interpreted Code of Civil Procedure section 1174 to require the landlord to store the property and to entitle it to reasonable costs of storage incurred in fulfillment of this duty, paid by the party to whom the property is released or out of the proceeds realized upon a public sale of the property. (Gray v. Whitmore, at pp. 15-16.) The court stated: "When the landlord takes possession of the tenant's property he does so, in point of law, on the tenant's behalf in order to safeguard such property. . . . The objective is to restore the landlord to the rightful possession of his premises and at the same time obviate the possibility of loss or damage to the tenant's property where the tenant is himself unable to remove the property to a safe place." (Id. at p. 23.)