Judge: Mark H. Epstein, Case: 24SMUD00114, Date: 2025-01-06 Tentative Ruling

Case Number: 24SMUD00114    Hearing Date: January 6, 2025    Dept: I

This is a continuation of the hearing held on December 30, 2024.  At that hearing, the moving party, Viontre Hausey, claimed a right of possession.  As a bit of background, this is a UD case.  The original tenant is apparently deceased and Viontre (first names are used because there are others involved with the same last name; no disrespect is intended) claims to hold a month to month tenancy.  Other than the fact that Viontre alleges that he lives on the premises, though, the court does not understand the basis for the claim.  The UD case was apparently served properly and service seems on its face to include unnamed occupants, of which Viontre would be one.  Further, another person making the same claim had the matter heard before Judge Tillman, who denied the claim with prejudice.  This court would like to know how Viontre’s claims differed from those inasmuch as there could be collateral estoppel principles at work.  In short, the court does not understand yet the basis for Viontre’s claim.  That was the reason the December 30, 2024, hearing was postponed, but no new papers have yet been filed.  If this is all there is, the court will need to hear some detail from Viontre before validating or going forward with the Claim of Possession.