+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    freeadvicezpt1 is offline Junior Member
    Join Date
    Nov 2008
    Posts
    12

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

    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?
  2. #2
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,287
    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.
  3. #3
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by freeadvicezpt1 View Post
    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.
  4. #4
    latigo is offline Senior Member
    Join Date
    Apr 2009
    Posts
    3,439
    Quote Originally Posted by freeadvicezpt1 View Post
    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.
  5. #5
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,363
    Quote Originally Posted by sandyclaus View Post
    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?
  6. #6
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by nextwife View Post
    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.
  7. #7
    freeadvicezpt1 is offline Junior Member
    Join Date
    Nov 2008
    Posts
    12

    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.

Similar Threads

  1. Overturn EDD Appeals Board Decision - Writ of Mandate Superior Court Filing
    By case2k5 in forum Hiring, Firing & Wrongful Termination
    Replies: 0
    Last Post: 05-16-2008, 10:08 AM
  2. unlawful detainer?contempt of court?
    By GwenInTahuya in forum Divorce, Separation & Annulment
    Replies: 4
    Last Post: 10-26-2007, 10:23 AM
  3. CA Unlawful Detainer - what to expect in court?
    By NoviceLandlord in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 04-09-2006, 12:28 AM
  4. Going to Court - Unlawful detainer
    By southpasdena in forum Landlord / Tenant Issues
    Replies: 0
    Last Post: 11-17-2004, 06:43 PM
  5. MA Superior Court - Injunction
    By amberwaves05 in forum Civil Litigation
    Replies: 0
    Last Post: 11-07-2002, 07:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.