Smith v. Municipal Court

Opinion

LOW, P. J.

In this case we hold that a rented boat slip in a marina is “real property” for purposes of unlawful detainer.

Petitioner Kent Smith, a Redwood City boat user, is defendant in an unlawful detainer action brought by the Peninsula Marina through its operator, real party in interest TMI Growth Properties ’83 (TMI). TMI seeks to evict Smith and his 36-foot sailboat, the Solaris, from a rented boat slip in the marina. Smith moved to quash the five-day unlawful detainer summons on the ground that the action did not involve “real property” and the court’s jurisdiction could not be…