Legal Question in Landlord & Tenant Law in California
I have an Unlawful Detainer for which I answered and await a court date. Last week, I filed a federal lawsuit. Today, I received a Motion for Summary Judgment. If I file a Notice of Related Cases for the federal lawsuit and the unlawful detainer, should I also file a Motion to Stay the Unlawful Detainer? Will this keep an answer for the Unlawful Detainer from being rendered until after the lawsuit is heard?
1 Answer from Attorneys
This is quite confusing. In which case are you receiving the summary judgment motion? If your lawsuit in federal court deals with a matter related to the unlawful detainer, why did you not cross-complain in that proceeding, which is obviously in state court? I think you probably have a jurisdictional problem here, in which the federal court has no jurisdiction to hear purely state law questions between same-state parties (hence the summary judgment brought by the opposing party?) What is the basis of your federal court complaint? You would have to write back and clarify these issues.
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