Bearman

I. BACKGROUND

In September 2022, Villa Zinfandel filed an unlawful detainer complaint against Bearman. The caption of the complaint stated that the case was a “Limited Civil Case.” The complaint alleged the following facts: Bearman or his predecessors executed a deed of trust secured by real property located in Saint Helena (the “Property”). They later defaulted under the terms of the deed of trust, and a notice of default was recorded. After Bearman or his predecessors failed to cure the default, a notice of trustee’s sale of the Property was recorded. The Property was sold to Bank of New York Mellon (BNYM) in compliance with Civil Code section 2924 et seq., and a trustee’s deed upon sale was recorded. BNYM sold the Property to Villa Zinfandel. As required by section 1161a, subdivision (b)(3), Villa Zinfandel served a three-day notice to quit upon Bearman. However, Bearman refused to relinquish possession of the Property. As a result, Villa Zinfandel sought holdover damages “at a daily rate” from the date of its complaint until the date that judgment was entered.

2 Throughout his brief, Bearman claims that the jurisdictional cap on

damages is $25,000. That was the case up…