Landlord's Unlawful Detainer Action Didn’t Bar Subsequent Lawsuit

Landlord's Unlawful Detainer Action Didn’t Bar Subsequent Lawsuit



Facts: After a retail tenant stopped paying rent, the owner of the center asked a trial court for an “unlawful detainer” so that it could physically evict the tenant. An unlawful detainer action is a summary proceeding designed to adjudicate the right of immediate possession; the only claims in this type of proceeding are those “bearing directly on the immediate right of possession.”

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