Justia Landlord - Tenant Opinion Summaries

Articles Posted in Supreme Court of California
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The Supreme Court held that a motion to quash service of summons is not the proper remedy to test whether a complaint states a cause of action for unlawful detainer.Landlord, the City of Redwood City, filed a complaint in unlawful detainer against Tenant. In response, Tenant filed a motion to quash service of summons, relying on Delta Imports Inc. v. Municipal Court, 146 Cal.App.3d 1033 (1983) to argue that a motion to quash service is the only method by which the defendant can test whether the complaint states a cause of action for unlawful detainer. The superior court concluded that Tenant improperly lodged his motion to quash. Tenant filed a petition for writ of mandate and prohibition challenging the superior court's order. The court of appeal denied the motion. The Supreme Court affirmed, holding that the superior court correctly found that Tenant's motion to quash was not the proper procedure to argue that the City was not a proper plaintiff. View "Stancil v. Superior Court" on Justia Law

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Plaintiff initiated an unlawful detainer action against Defendant. The jury returned a verdict in Plaintiff’s favor. Defendant’s attorney then substituted out of the case, and Defendant proceeded with self-representation. Plaintiff was awarded attorney fees. Defendant’s appeals from the underlying judgment and from the attorney fees award were consolidated. In a separately filed action in which Defendant was the plaintiff, the Court of Appeal declared Defendant a vexatious litigant plaintiff. Consequently, the presiding judge in the instant case directed Defendant to obtain permission to continue the Chan v. John consolidated appeal or to file a substitution of attorney before proceeding further. Defendant sought to vacate the prefiling order. The presiding judge declared that the court lacked jurisdiction to vacate the prefiling motion and dismissed Defendant’s consolidated appeals. The Court of Appeal vacated the appellate division’s order, holding that a defendant’s status as a vexatious litigant plaintiff in one matter cannot limit the same defendant’s ability to pursue her appeal in an action she did not initiate as a plaintiff. The Supreme Court affirmed, holding that Cal. Civ. Proc. Code 391.7’s prefiling requirements do not apply to a self-represented vexatious litigant’s appeal of a judgment or interlocutory order in an action in which she was the defendant. View "John v. Superior Court of Los Angeles County" on Justia Law