Martin-Bragg

Martin-Bragg v. Moore CA2/1

Caution
161 Cal. Rptr. 3d 471·2013 Cal. App. LEXIS 704·219 Cal. App. 4th 367
Court of Appeal of CaliforniaAugust 1, 2013B238772California2,567 words

Opinion

Opinion

Chaney, J.

Ivan Rene Moore appeals in propria persona from the superior court’s judgment following trial on the unlawful detainer complaint of Kimberly Martin-Bragg seeking forfeiture of a lease and possession of a property. The judgment, entered January 23, 2012, awarded Martin-Bragg possession of the disputed property, along with rent of $50,068.34 and rental damages of $57,220.96 for the period from May 1, 2011, to December 31, 2011, plus daily damages of $238.42 per day from January 1, 2012, until the date of judgment.

Moore appeals from the judgment on a number of grounds, most notably the trial court’s refusal to consolidate the unlawful detainer case against him with another action then pending in the superior court, brought by Moore, seeking quiet title to the property based on allegations that Martin-Bragg’s title to the property was actually held in trust for Moore’s benefit. Upon a fragmentary and disorganized record we conclude that the trial court abused its discretion in refusing Moore’s request to consolidate the unlawful detainer and quiet title actions for trial and that Moore was prejudiced by being forced to litigate the complex issue of title to the property…

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