Park Lane Assocs. v. Alioto CA1/4
After plaintiff Park Lane Associates, LP (Park Lane) won summary judgment against defendants Joseph and Michele Alioto (the Aliotos) in this unlawful detainer action under the Ellis Act (Gov. Code, § 7060 et seq.), judgment for restitution of possession of the Aliotos’ apartment was entered in Park Lane’s favor. The Aliotos moved for a new trial. While their motion was pending, Park Lane obtained a judgment against the Aliotos in a previously-filed unlawful detainer action for failure to pay rent, and a return on a writ of possession was filed with the court confirming the Aliotos had vacated the apartment. After Park Lane filed a request for judicial notice of these facts, the trial court denied the Aliotos’ motion for new trial as moot. The Aliotos now appeal from the judgment, and from the orders granting summary judgment and denying a new trial. We agree with the trial court that the action is moot and dismiss the appeal.
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