Munden v. Hazelrigg

This case concerns an unlawful detainer action in which a lessor sued for possession and back rent and tenants counterclaimed for damages to personalty. The trial court dismissed the tenants' counterclaim without prejudice and tenants appealed the dismissal.

Two issues are presented. First, is a dismissal without prejudice appealable where there is no bar to a subsequent suit? Second, once possession is no longer at issue in an unlawful detainer action, can that action be converted to an ordinary civil suit in which all claims, counterclaims, and affirmative defenses may be asserted?

We hold…