Judge: Elaine W. Mandel, Case: 21SMCV00278, Date: 2023-03-13 Tentative Ruling

Case Number: 21SMCV00278    Hearing Date: March 13, 2023    Dept: P

Tentative Ruling

1126 Chantilly Road, LLC v. Donald N. Tallarico et al., Case No. 21 SMCV00278

Hearing Date March 13, 2023

Third Party Gordon’s Application for Claim of Possession

Plaintiff 1126 Chantilly Road sued the Tallaricos for unlawful detainer after foreclosure. The Tallaricos cross-complained for wrongful foreclosure and quiet title. Chantilly obtained judgment on November 8, 2022, quieting title and awarding possession. Third party tenant Jennifer Gordon filed a claim for right to possession.

 An occupant not named in an unlawful detainer judgment who occupied the premises on the date of the filing of the action may object to the enforcement of the judgment by filing a claim of right to possession. Cal. Code of Civ. Proc. §1174.3.

Chantilly argues Gordon is not entitled to file a claim for possession under §1174.3 because a judgment for quiet title was entered. Chantilly’s initial claim was for unlawful detainer, and Gordon was not named in the UD judgment. If she occupied the premises when the action was filed, she is entitled make a claim for possession.

On June 16, 2021 defendant Giancarlo Tallarico provided discovery responses stating there were no tenants at the property. Bolanos declaration, ¶4, Exhibit C. Tallarico provided a declaration on June 21, 2021 stating he, his wife, his children and his parents lived at the property, making no mention of a tenant. Id. ¶2, Exhibit A. Gordon presents no substantive evidence to refute this evidence. She provides no evidence regarding when she moved into the property, whether there is a written lease or whether she pays rent. As there is no evidence she was a tenant when the UD was filed, she has no right to possession under §1174.3. DENIED.