California Court of Appeal

Judgment awarding unlawful detainer plaintiff possession of the disputed property, along with rent and rental damages plus daily damages is reversed and remanded, where: 1) the allegations suggested complex facts under which the unlawful detainer plaintiff might not hold title sufficient to justify an unlawful detainer judgment in her favor, and that the unlawful detainer defendant and others might well be entitled to quiet title to the property; and 2) under these circumstances, the trial court's trial and implicit determination of the ownership issue within the summary unlawful detainer proceeding, and refusal to permit trial of the issue of title outside of those summary procedures, was an abuse of discretion.

Appellate Information

• Decided 09/03/2013
• Published 09/03/2013

Judges

• CHANEY

Court

• California Court of Appeal

Counsel