Eshagian v. Cepeda (2025)

Citation: Eshagian v. Cepeda (2025)
Parent Document: Eshagian v. Cepeda (2025)
Jurisdiction: California (state)
Effective Date: 2025-06-26
Original Source: https://www.courtlistener.com/opinion/10617811/eshagian-v-cepeda/ ↗

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C.     Cepeda Could Have Challenged the Possession-only
       Judgment by Filing a Petition for Writ of Mandate
       We are sympathetic to Cepeda’s argument that if a
possession-only judgment is not appealable, a tenant in default
will have no recourse to challenge the judgment if the landlord
does not pursue a claim for damages alleged in the complaint.
But a defaulted tenant in this situation—who seeks review of a
possession-only judgment in the absence of a final judgment on a
landlord’s damages claims—may obtain review of the judgment
by filing a petition for writ of mandate. (See § 1086 [writ of
mandate “must be issued in all cases where there is not a plain,
speedy, and adequate remedy, in the ordinary course of law”];
Interinsurance Exchange of the Automobile Club v. Superior
Court (2007) 148 Cal.App.4th 1218, 1225 [“To obtain writ review,
a petitioner generally must show his or her remedy in the
ordinary course of law is inadequate or that petitioner would
suffer irreparable injury were the writ not granted.”].)

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