Martinez

Martinez v. Super. Ct. CA4/2

Good Law
Court of Appeal of CaliforniaJanuary 28, 2015E062435California417 words

Opinion

Opinion

DISCUSSION

Although an unlawful detainer action is limited to a determination of the right to

possession (Drybread v. Chipain Chiropractic Corp. (2007) 151 Cal.App.4th 1063),

where title issues are raised in a related case (or cases), the unlawful detainer court may

exercise its discretion to stay that action pending resolution of the civil action or actions.

(Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367 (Martin-Bragg).) Relief is

appropriately sought from the unlawful detainer court, as one department of a superior

court cannot interfere with the jurisdiction of another. (Martin-Bragg at p. 379, fn. 11,

citing Ford v. Superior Court (1986) 188 Cal.App.3d 737, 742.)

We note that plaintiff/respondent Nadavon Real Estate Investments, LLC,

affirmatively sought a stay of at least one action against it pending the resolution of John

Carr’s appeal. We also note that defendants/petitioners appear to be caught in the middle

of the dispute and will clearly suffer irreparable injury if they are wrongfully evicted. We

also see no reason why petitioners, as the ones facing injury, may not rely on Carr’s claim

2 of title in seeking a stay, as Carr is not a party to the…

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