Needelman

Needelman v. DeWolf Realty Co. CA1/2

Caution
191 Cal. Rptr. 3d 673·239 Cal. App. 4th 750
Court of Appeal of CaliforniaJuly 21, 2015A141306California6,016 words

Opinion

Opinion

Kline, J.

After filing an answer to an unlawful detainer action, tenant Jeffrey A. Needelman (Needelman) entered into a settlement agreement, which included a stipulation for judgment, with DeWolf Realty Co., Inc. (DeWolf), the property management company, and M&H, L.P. (M&H), the property owner. Needelman violated the agreement and the trial court entered a stipulated judgment giving DeWolf and M&H (collectively, the lessors) damages, costs, fees, and possession of the property.

Subsequently, Needelman and his daughter, Ona Needelman (Ona), sued the lessors for their damaged and missing personal property, which had remained in the rental residence after Needelman vacated the premises. Needelman and Ona (collectively, the Needelmans) also set forth other claims related to the prior unlawful detainer action and stipulated judgment. The trial court sustained the lessors’ demurrer to the Needelmans’ first amended complaint without leave to amend, and the Needelmans appeal. We conclude that the doctrine of res judicata bars all of Needelman’s claims and Ona, who was not a tenant and did not reside in the rental unit, cannot state a claim against the lessors. Accordingly, we affirm the…

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