Greene

The case at bench reaches us by writ of review directed to a proceeding of the appellate department of the superior court affirming a municipal court judgment in unlawful detainer. It raises issues of: (1) the validity of a provision in a conditional sale agreement of real property to the effect that upon default by the vendee he is deemed a tenant of the property; (2) the jurisdiction of the municipal court acting in the guise of unlawful detainer to declare cancellation of a contract involving property of a value of more than $5,000; and (3) the validity of a five-day unlawful detainer summons issued on a complaint which alleges a cause of action not in unlawful detainer. We conclude that the provision of the contract is of no legal effect, the municipal court lacked subject matter jurisdiction, and the five-day summons was invalid. Accordingly, we direct that the judgment of the municipal court be reversed.

On June 12, 1974, plaintiff filed his complaint in “unlawful detainer” in the Inglewood Municipal Court. The complaint alleges that pursuant to a written agreement defendants are tenants of property owned by plaintiff. It claims that defendants are delinquent in…