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Can a Federal Court injunction stop an Unlawful Detainer writ in Superior Court?

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freeadvicezpt1

Junior Member
What is the name of your state (only U.S. law)? California

Has anybody heard of an action involving an unlawful detainer action filed in Superior Court being challenged by an lawsuit against that lender in Federal Court? For example, a motion requesting a preliminary judgement against the writ to evict owner in the Superior?
 


tranquility

Senior Member
Just from the title; in theory, a federal court injunction can stop anything within the power of the United States to stop.

As to the rest, no.

You might try to give more facts, but a federal court will not stop an eviction. Not because they can't, but because, absent many facts and theories not in evidence, they won't. Maybe can't, too. Jurisdiction and all that.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

Has anybody heard of an action involving an unlawful detainer action filed in Superior Court being challenged by an lawsuit against that lender in Federal Court? For example, a motion requesting a preliminary judgement against the writ to evict owner in the Superior?
Is this a foreclosure eviction situation? I actually have done some research on this subject when looking into an LLC that was buying up foreclosure properties in my area and evicting the owners. The owners and their attorneys attempted to challenge the eviction by filing that Federal Court had jurisdiction due to Federal law. Each and every time, the case was remanded back from Federal Court back to the local courts, saying that the Federal Courts had no jurisdiction over the matter.

Do a search on Canterbury Lots 68 LLC v. Lourdes Barahona et al among others for the motions and rulings.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? California

Has anybody heard of an action involving an unlawful detainer action filed in Superior Court being challenged by an lawsuit against that lender (?) in Federal Court? For example, a motion requesting a preliminary judgement against the writ to evict owner (?) in the Superior?
Let’s see now.

"Lender" obtains California Superior Court Writ to evict "owner". Now "owner" wishes to seeks Federal District Court “preliminary judgment against the Superior Court Writ”.

No, to be real honest, I have never heard of such a thing.

On the other hand, if a "landlord/owner" were to evict a “tenant” because of race, color, religion, national origin or family status, we might have something.
 

nextwife

Senior Member
Is this a foreclosure eviction situation? I actually have done some research on this subject when looking into an LLC that was buying up foreclosure properties in my area and evicting the owners. The owners and their attorneys attempted to challenge the eviction by filing that Federal Court had jurisdiction due to Federal law. Each and every time, the case was remanded back from Federal Court back to the local courts, saying that the Federal Courts had no jurisdiction over the matter.

Do a search on Canterbury Lots 68 LLC v. Lourdes Barahona et al among others for the motions and rulings.
If this LLC had bought these properties at foreclosure sales, how could the parties living in them at the time still be th owners?
 

sandyclaus

Senior Member
If this LLC had bought these properties at foreclosure sales, how could the parties living in them at the time still be th owners?
in these situations, it is a former owner being evicted from property by the new owner. They usually end up having to go through an unlawful detainer action to get them out of there.
 

freeadvicezpt1

Junior Member
follow up

Actually, I finally did find CASE NO: 10-CV-2168-IEG (JMA) where a Preliminary Injunction was ordered in Southern District Court. The court did resend it later only because the Plaintiff didn't properly include certain defendants.
 

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