Howard

Howard v. City of San Diego CA4/1

Good Law
Court of Appeal of CaliforniaJuly 18, 2022D078835California2,329 words

Opinion

Opinion

Irion, J.

I.

BACKGROUND

On June 1, 2011, the City obtained a judgment for possession and damages in an unlawful detainer action against Howard concerning her lease of a space at the former De Anza Cove Mobilehome Park. Howard appealed the judgment. The appellate division of the superior court stayed execution of the judgment and as a condition ordered Howard to deposit rent and utilities charges into court while the appeal was pending. The appellate division affirmed the judgment on January 30, 2014. After the remittitur issued, the trial court added attorney fees and costs to the judgment. Howard received notice in 2018 that a portion of the funds deposited into court during the pendency of her appeal of the unlawful detainer judgment had escheated to the state, and in response she commenced a new case by filing a petition for release to her of the “several thousand dollars” she had deposited. About four months later, the City commenced another new case by filing a petition for release to it of the deposited funds. The trial court consolidated the cases. At a hearing on April 25, 2019, at which Howard did not appear, the court (Hon. David M. Rubin) denied Howard’s petition and granted…

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