This case has been cited 1 times or more.
|
2007-09-05 |
AUSTRIA-MARTINEZ, J. |
||||
| Thus, the judgment rendered in an action for forcible entry or detainer shall be effective with respect to the possession only and shall in no case bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same parties respecting title to the land or building nor shall it be held conclusive of the facts therein found in a case between the same parties upon a different cause of action involving possession.[12] In similar cases, the Court uniformly stated that "[A]n unlawful detainer action has an entirely different subject from that of an action for reconveyance of title. What is involved in an unlawful detainer case is merely the issue of material possession or possession de facto, whereas in an action for reconveyance, ownership is the issue. So much so that the pendency of an action for reconveyance of title over the same property does not divest the city or municipal court of its jurisdiction to try the forcible entry or unlawful detainer case, nor will it preclude or bar execution of judgment in the ejectment case where the only issue involved is material possession or possession de facto."[13] | |||||