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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Eshagian v. Cepeda (2025)

Citation
Eshagian v. Cepeda (2025)
Parent Document
Eshagian v. Cepeda (2025)
Jurisdiction
California (state)
Effective Date
2025-06-26

Full Text

1,812 chars
A.     Unlawful Detainer Proceedings and Standard of Review
       “Unlawful detainer is a statutory remedy whose primary
feature is its expedited procedure for the recovery of possession of
real property wrongfully withheld or ‘detained.’” (Superior
Motels, Inc. v. Rinn Motor Hotels, Inc. (1987) 195 Cal.App.3d
1032, 1066 (Superior Motels); accord, Larson v. City and County
of San Francisco (2011) 192 Cal.App.4th 1263, 1297 [“The
statutory scheme is intended and designed to provide an
expeditious remedy for the recovery of possession of real
property.”].) Accordingly, in an unlawful detainer proceeding,
“[t]he only triable issue is the right to possession and incidental
damages resulting from the unlawful detention.” (Lincoln Place
Tenants Assn. v. City of Los Angeles (2007) 155 Cal.App.4th 425,
452; accord, Superior Motels, at p. 1066 [court in unlawful
detainer proceeding may award possession of property and
incidental damages, including “arrearages of rent or ‘damages’ in
an amount of the fair or reasonable rental value of the property
for the period of time from the notice terminating the tenant’s
right of possession to judgment”]; see § 1174, subds. (a) & (b)
[judgment for plaintiff in unlawful detainer proceeding shall
award possession of the premises and “assess the damages
occasioned to the plaintiff by . . . any forcible or unlawful
detainer . . . and find the amount of any rent due, if the alleged
unlawful detainer be after default in the payment of rent”].)
       When a defendant in an unlawful detainer proceeding fails
to appear or answer the complaint, section 1169 provides that
“the clerk, upon written application of the plaintiff and proof of
the service of summons and complaint, shall enter the default of
any defendant so served, and, if requested by the plaintiff,