SMITH v. MUNICIPAL COURT

Docket No. A040446.

202 Cal.App.3d 685 (1988)

245 Cal. Rptr. 300

KENT SMITH, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN MATEO COUNTY JUDICIAL DISTRICT OF SAN MATEO COUNTY, Respondent; TMI GROWTH PROPERTIES '83, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

March 25, 1988.


Attorney(s) appearing for the Case

COUNSEL

Jon R. Parsons for Petitioner.

No appearance for Respondent.

Douglas E. Carey for Real Party in Interest.


OPINION

LOW, P.J.

In this case we hold that a rented boat slip in a marina is "real property" for purposes of unlawful detainer.

Petitioner Kent Smith, a Redwood City boat user, is defendant in an unlawful detainer action brought by the Peninsula Marina through its operator, real party in interest TMI Growth Properties '83 (TMI). TMI seeks to evict Smith and his 36-foot sailboat, the Solaris, from a rented boat slip...

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