Harris

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2003, Mark and Harvey sought to evict Harris from his rental unit at 37255 Mission Boulevard, Fremont, California (the Property). They filed a complaint for unlawful detainer and obtained a default judgment of possession against Harris. On August 28, 2003, the default judgment was set aside. Harris obtained an injunction requiring return of his personal property and an order awarding attorney fees. Harris then sued Harvey and Mark for wrongful eviction in the instant action. In January 2005, Harris obtained a default judgment, which was ultimately set aside for improper service. The court ordered Harvey and Mark to file responsive pleadings. On September 1, 2005, Harris filed a first amended complaint against Harvey and Mark, which alleged nine different causes of action, including conversion, intentional infliction of emotional distress, and violations of Civil Code sections 789.3, subdivision (b), and 1942.5. Although the record indicates they were served with notice of trial, neither Harvey nor Mark attended the bench trial held before the Honorable Winifred Smith. On November 3, 2008, a judgment of $111,534 was entered against…