Legal Question in Landlord & Tenant Law in California

I have an Unlawful Detainer for which I answered and await a court date. Last week, I filed a federal lawsuit. Today, I received a Motion for Summary Judgment. If I file a Notice of Related Cases for the federal lawsuit and the unlawful detainer, should I also file a Motion to Stay the Unlawful Detainer? Will this keep an answer for the Unlawful Detainer from being rendered until after the lawsuit is heard?


Asked on 8/17/09, 7:35 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

This is quite confusing. In which case are you receiving the summary judgment motion? If your lawsuit in federal court deals with a matter related to the unlawful detainer, why did you not cross-complain in that proceeding, which is obviously in state court? I think you probably have a jurisdictional problem here, in which the federal court has no jurisdiction to hear purely state law questions between same-state parties (hence the summary judgment brought by the opposing party?) What is the basis of your federal court complaint? You would have to write back and clarify these issues.

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Answered on 8/17/09, 11:17 pm


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