Glass

Glass v. Najafi

Good Law
2000 Cal. App. LEXIS 86·2000 Daily Journal DAR 1513·78 Cal. App. 4th 45·92 Cal. Rptr. 2d 606·2000 Cal. Daily Op. Serv. 1065
Court of Appeal of CaliforniaFebruary 9, 2000No. A085541California2,219 words

Opinion

Lead Opinion

Swager, J.

This is an appeal from a judgment for the defendants in an action for forcible entry and detainer filed by tenants who were evicted under an invalid writ of possession. We affirm.

Procedural History

The complaint for forcible entry and detainer was filed on December 23, 1996, by the tenants of commercial property, Bruce Glass, Christine Glass, *47 and Sue Craik (the Glasses), against defendants consisting of the owners of the property, Mahmood Ghazi and Ahmad Ghazi (the landlords) and their property managers, Reza Najafi and Paradise Properties, Inc. (the property managers). Three days earlier, the court had granted the tenants’ motion to recall and quash a writ of possession under which the tenants had been forcibly evicted from the premises by the sheriff. The circumstances surrounding the eviction have a lengthy history involving a former appeal.

The landlords acquired 413-425 Miller Avenue, Mill Valley, California, through a foreclosure sale transferring title from the former owners, the Glasses, who managed a toy shop on the premises. On November 12, 1993, the Glasses filed a complaint against both the landlords and the property managers, which sought inter alia…

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