Judge: Mark H. Epstein, Case: 22SMCV00534, Date: 2022-12-20 Tentative Ruling

Case Number: 22SMCV00534    Hearing Date: December 20, 2022    Dept: R

The ex parte application is DENIED WITHOUT PREJUDICE.  The court does not see competent evidence in the record for the relief plaintiff seeks.  If plaintiff is attempting to prosecute an unlawful detainer or forcible detainer, he may do so, but he will have to file a separate action to get that done.  Also, it is not clear to the court how plaintiff is in possession of the home; it appears plaintiff lives in Colorado.

There may be a valid tort here, but this ex parte is not the way to go about proving it or getting the relief sought.

Substantively, this record does not show the status quo ante.  Again, if there were evidence that plaintiff lived in the house when the alleged activity took place, that might be one thing.  But there is no evidence of that.