Garcia v. Cruz

Opinion

McKAY, P. J.

In this unlawful detainer matter, defendant Jacqueline Cruz appeals the judgment entered in favor of plaintiff Fernando Garcia. The issue on appeal is whether the trial court erred when it denied defendant the right to a jury trial after defendant failed to post past-due rent pursuant to the court’s order. We find prejudicial error and, accordingly, reverse the judgment.

*Supp. 4BACKGROUND

Plaintiff filed an unlawful detainer complaint against defendant and Aaron Villanueva2 seeking possession of the residential premises occupied by them. Plaintiff s complaint alleged that…