Sun Terrace Manor v. Municipal Court

On September 20, 1971, appellant petitioned superior court for a writ of mandate to compel respondent municipal court to assume subject matter jurisdiction in unlawful detainer actions that appellant had previously caused to be instituted against real parties in interest.

In brief, appellant’s petition alleged the following: Appellant was a California corporation and owned a “project of cooperative apartments commonly known as Sun Terrace Manor . . . .” Real parties in interest were “members (shareholders) of [appellant], and as such members, were entitled to occupancy of a specific dwelling unit in said apartment project, subject to the terms and conditions of a proprietary lease (occupancy agree ment) between [appellant] and each [real party in interest].” Appellant’s corporate bylaws vested its board of directors with the power to “terminate membership and occupancy rights for cause,” and the “occupancy agreement” provided in part that, upon a member’s “default,” appellant “may at its option give to the Member notice that this agreement will expire at a date not less than ten (10) days thereafter.”

On July 10, 1971, appellant’s board of directors, by resolution,…