We transferred this case from the appellate division
of the superior court to decide whether a tenant can appeal a
judgment for possession in an unlawful detainer proceeding if the
landlord has outstanding damages claims that have not been
adjudicated. The answer is no. If the landlord’s complaint seeks
damages, the possession-only judgment is not appealable because
it does not resolve all rights of the parties.
Where, as here, the tenant has defaulted on the complaint,
the tenant’s options are limited. But the tenant does have
recourse. The tenant can file a petition for writ of mandate under
Code of Civil Procedure section 1086, 1 which requires a showing
that there is no adequate remedy in the ordinary course of law or
that the petitioner would otherwise suffer irreparable injury.
Because a defaulted tenant has no right to appeal a possession-
only judgment and no ability to obtain a final judgment, the
tenant will be able to show there is no other adequate remedy in
the ordinary course of law, entitling the tenant to a
determination of the writ petition on the merits as a matter of
right.
In this case, the possession-only judgment entered against
the defaulted tenant, Manuel Cepeda, is not appealable.
However, given the uncertainty of the law on appealability at the
time Cepeda filed his appeal, we treat the appeal as a petition for
writ of mandate to avoid any further delay. We conclude the
three-day notice to pay rent or quit served by the landlord,
Joseph Eshagian, pursuant to section 1161, subdivision (2)
(section 1161(2)), is invalid for failure to make clear by when and
how Cepeda had to pay the rent, and that Cepeda would lose
possession of the premises if he did not timely cure the default.
Accordingly, Eshagian’s complaint incorporating the three-day
notice failed to state a cause of action for unlawful detainer. We