Myers v. Sundby CA4/1

California Court of Appeal Dec 26, 2023 No. D081600Unpublished

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Holding. The court dismissed the appeal for lack of jurisdiction, holding that the postjudgment order denying a motion for mandatory joinder was not an appealable order because it did not affect or relate to the enforcement of the underlying unlawful detainer judgment.

Issues

Whether a postjudgment order denying a motion for mandatory joinder is an appealable order.
Whether the appellant demonstrated that the denial of joinder affected the rights and liabilities of the parties arising from the judgment.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“We conclude the February 10, 2023, postjudgment order denying joinder of the Sundby Trust is not appealable because Dale has not shown how this order determines the rights and liabilities of the parties arising from the unlawful detainer judgment.”

“Because we lack jurisdiction to review a nonappealable order, this appeal must be dismissed.”

Filed 12/26/23 Myers v. Sundby CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JEFFREY MYERS et al., D081600

Plaintiffs and Respondents, (Super. Ct. No. 37-2021- 00055006-CU-UD-CTL) v.

DALE SUNDBY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joel R. Wohlfeil, Judge. Dismissed. Dale Sundby, in pro. per., for Defendant and Appellant. Lewis R. Landau for Plaintiffs and Respondents.

This appeal arises out of an unlawful detainer action filed by Jeffrey Myers and Kathleen Myers (the Myerses) against Edith Littlefield Sundby

and Dale Sundby (the Sundbys).1 Dale appeals a postjudgment order dated February 10, 2023, denying his postjudgment motion for mandatory joinder of the Sundby Declaration of Trust, Trust No. 1989-1, Dated January 26, 1989 (the Sundby Trust). The Myerses filed a motion to dismiss the appeal and for sanctions. We grant the motion to dismiss and deny the motion for sanctions.

FACTUAL AND PROCEDURAL BACKGROUND2

The Sundbys, as trustees of the Sundby Trust, are the former owners of two parcels of real estate located in La Jolla, California (the property). The Sundby Trust defaulted in the payment of a promissory note secured by a deed of trust on the property. The owner and holder of the promissory note and deed of trust recorded a notice of default, held a foreclosure sale, and sold the property to the Myerses. On September 16, 2021, the Myerses served a written three-day notice to quit due to foreclosure and a ninety-day notice to quit due to foreclosure, demanding possession of the property within three days after service on the Sundbys. The Myerses filed a verified unlawful detainer complaint against the Sundbys, in their capacity as co-trustees of the Sundby Trust, after the Sundbys refused to deliver possession of the property. The trial court entered default judgments against Edith and Dale. In prior consolidated appeals, we affirmed the trial court’s denial of Dale’s motion to vacate his default and the

Myers v. Sundby CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

STATE OF CALIFORNIA

DALE SUNDBY,

FACTUAL AND PROCEDURAL BACKGROUND2

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