Rosemary Court Properties v. Walker CA1/2
The issue in this appeal is whether the trial court properly performed its gatekeeper duty in the default process by ensuring that plaintiff Rosemary Court Properties, LLC (Rosemary Court) alleged a proper cause of action. Rosemary Court filed an unlawful detainer action against defendants Houri Parsi and Wade Trevor Walker and later obtained entry of default and a clerk’s judgment when defendants failed to pay the court filing fee and, as a result, had their answer stricken. Within days of entry of this default judgment, Houri Parsi moved for the trial court to vacate it. She based her motion in part on the contention that Rosemary Court failed to state an unlawful detainer cause of action because its allegations turned on the unsupported legal conclusion that Parsi had previously terminated her tenancy. The trial court and the appellate division of the superior court rejected Parsi’s contention. We granted Parsi’s petition to transfer this case to this court. We agree wit
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