Marquez-Luque v. Marquez

Opinion

AGLIANO, P. J.

Was eviction of the defendant from his dwelling proper in a proceeding to enjoin harassment brought pursuant to Code of Civil Procedure section 527.6? We hold the order of eviction was improper under the circumstances of this case.

Plaintiffs Linda Marquez-Luque and Augustin Luque, Jr., the sister and brother of defendant Raymond Marquez, were named executor and alternate executor, respectively, in their late father’s will. Plaintiffs obtained letters of special administration with general powers of their father’s estate on May 15, 1985. That same day they filed a petition…