The unlawful detainer court in California is a court of limited jurisdiction. The unlawful detainer court has jurisdiction to determine the right of possession for real property. The court can also determine a limited number of items incident to possession – like back rent. As a Los Angeles Real Estate attorney, often times midway through a case, before trial, possession is returned to the landlord.
When possession is no longer at issue, the court loses is summary jurisdiction. The case then gets converted to the ordinary civil calendar and it slows down to a normal pace. In my experience as a Los Angeles Unlawful Detainer Attorney I have noticed that delivering possession back to the landlord can sometimes end the case or give the tenant additional time to fight the back rent issues. Obviously, there are benefits and drawbacks for delivering possession. The decision to deliver possession back should be exercised strategically.
For help with your unlawful detainer contact Schorr Law, APC, www.schorr-law.com, info@schorr-law.com, 310-954-1877.