Wong v. Gittings

In this forcible entry and detainer (FED) action, defendant appeals a judgment granting restitution of the premises to plaintiff. Defendant also appeals an order denying her motion to quash the subsequent writ of execution. She argues that the trial court erroneously granted restitution to plaintiff as a sanction for filing a late answer to the FED complaint and then compounded the error by denying her motion to quash execution while the restitution judgment had been stayed pending appeal. For the reasons that follow, we agree with defendant that the late filing of an answer does not…