Westlake v. Willms
Plaintiffs Lewis and Mary Westlake challenge the judgment in favor of defendants Henry and Dolly Willms, and various other defendants, in plaintiffs action for forcible detainer, forcible entry, conversion, and elder abuse (Super. Ct. No. 153276; Ct.App. No. C058379); and plaintiff Lewis Westlake challenges the judgment in favor of defendant Henry Willms and Sugar Maple Holdings, LLC, in Westlakes subsequent action for forcible detainer (Super. Ct. No. 161805; Ct.App. No. C059434). We consolidated the appeals. For ease of reference, we will refer to the plaintiffs in both actions as Westlake and to the defendants in both actions as Willms. In appeal No. C058379, Westlake contends the trial court erred (1) by refusing to automatically stay the action due to pending appeals; (2) by refusing to grant a continuance; (3) by dismissing the action with prejudice; (4) by ruling certain causes of action were barred by collateral estoppel; and (5) by awarding attorney fees. In appeal No. C059434, Westlake claims the trial court wrongly held the action was barred on the ground of collateral estoppel and thus erred in sustaining Willmss demurrer without leave to amend. For the reasons that follow, Court shall affirmthe judgments.
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