BALASSY v. SUPERIOR COURT

Docket No. B017141.

181 Cal.App.3d 1148 (1986)

226 Cal. Rptr. 817

ALBERT BALASSY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ALBERT SCHMUCK, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

June 3, 1986.


Attorney(s) appearing for the Case

COUNSEL

Max Abrams for Petitioner.

No appearance for Respondent.

Frank H. Whitehead, Jr., for Real Party in Interest.


OPINION

WOODS, P.J.

This proceeding in mandate presents the question whether a trial court in an unlawful detainer action has jurisdiction to condition entry of judgment for lessee's possession upon his immediate payment of pendente lite rents, when the lessor has failed to prove unlawful detainer.

As we explain in the following discussion, a trial court has no such jurisdiction.

The facts are simple and not in material...

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