Special Actions Flashcards
Unlawful Entry or Detainer - CC
Where forcible entry is made on another’s land OR someone enters lawfully and then the tenant detains possession of the land after the right has expired without the consent of the person entitled to possession.
P files motion for judgment alleging D is in possession and unlawfully withholds P from premises.
Unlawful Entry or Detainer - DC
More summary procedure–house/land/tenement, the landlord may present a statement under oath of facts supporting the allegation to a judge/clerk/magistrate. A summons will issue against D requiring appearance. Summons must be served 10 days before trial.
Ejectment
Action where person wrongfully ejected from property seeks to recover possession and damages.
In order to bring, P must have at time of commencing action (1) subsisting interest in the premises claimed and a right to recover them OR (2) right to recover the possession of the premises or some share of them
Partition
T in C, JTs, coparcenaries, or executors with power to sell may bring actions to compel parition
Coparcenary is an estate with two or more persons who jointly inherit from one ancestor, with title and right of possession being shared equally
Any court with general equity JDX has JDX
Detinue
Action whereby personal property which is allegedly wrongfully held by someone other than P is seized by sheriff or other officer ex parte pendente lite upon the satisfaction of certain prerequisites by P
What are the prerequisites for a detinue action?
Judge may issue ex parte seizure order without notice to D where P shows:
1. Kind, quantity, and value of property P seeks
2. Reasonable cause to believe that the property will be sold/removed by D in violation of obligation to P or property will be destroyed/damaged if it remains with D
3. The basis of P’s claim of entitlement to recover the property, with such certainty that enables D reasonable notice of the claim and its particulars
P must post bond = double fair market value of property
Hearing within 30 days of seizure order issued.
Wrongful Death
Maintained by a P.R.; if decedent dies within two years after the accident and no action for the injury is pending before expiration of limitations period, P.R. has two years from death to file.
Damages are statutorily defined and are allowed for:
1. sorrow, which includes companionship
2. compensation for reasonable or expected loss of icnome AND services/care provided by decedent
3. expenses for care/treatment of decedent
4. funeral expenses
5. punitive damages for willful conduct, such as recklessness
Damages distributed as follows:
1. spouse, children, grandchildren of deceased child
2. if none, siblings
3. if no children but spouse and parents, to them
4. intestacy if none of above
VTCA - notice of claim
Quo Warranto
Writ of QW used to inquire into authority by which a public office is held
