Beach Break Equities, LLC v. Lowell

Opinion

PRAGER, J.

Landlord Beach Break Equities, LLC (Beach Break), filed an unlawful detainer action against tenant Martin Lowell. The court granted Beach Break’s summary adjudication motion on the possession issue, and issued a writ of possession (reserving damage issues). Lowell appealed the possession order to the appellate division of the superior court (appellate division). While the appeal was pending, Beach Break evicted Lowell under the authority of the writ of possession.

The appellate division reversed the possession order, finding triable issues of fact on the possession issue and…