Asuncion v. Superior Court, 166 Cal.Rptr. 306

Summary

**Unlawful detainer – Affirmative defenses – Due process – Fraud – Jurisdiction.** The court held that homeowners facing eviction in an unlawful detainer action must be permitted to raise affirmative defenses of fraud and related claims, as due process requires allowing them to present evidence that would maintain their possession and ownership. Because the fraud allegations placed title to the property in issue, the action exceeded the municipal court's jurisdiction and could not be tried there. The court directed the superior court to retain jurisdiction and suggested procedural tools such as preliminary injunctions or consolidation to accommodate the eviction with the homeowners' separate fraud action.

Holdings

1. Homeowners cannot be evicted, consistent with due process guaranties, without being permitted to raise the affirmative defenses which if proved would maintain their possession and ownership.
2. The action necessarily exceeds the jurisdiction of the municipal court and cannot be tried there because title to the property is inevitably in issue when affirmative defenses affecting ownership are raised.

Questions Presented

1. Whether homeowners in an unlawful detainer action may raise affirmative defenses of fraud and related claims that would affect title
2. Whether such defenses require the action to be heard in superior court rather than municipal court because title is in issue
3. Whether due process requires permitting such defenses in residential eviction proceedings

Disposition

other