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Stevens v. Super. Ct.
Real parties Francisco and Antoinette Oroz, as Trustees of the Oroz Family Trust, brought an unlawful detainer action against petitioners Randy Stevens, individually, and doing business as Flamingo Properties/Jiffy Lube, alleging that petitioners failed to pay rent on a piece of commercial property in Rohnert Park, California. Trial was set for May 11, 2010. However, petitioners abandoned the property in April 2010 and, on May 11, formally surrendered possession. The case was re-set for trial on June 23, 2010, to determine the amount of back rent petitioners owe real parties.
Trial commenced as scheduled but the court continued the case to permit real parties to file a first amended complaint alleging breach of contract, which they did on July 22, 2010. On August 25, 2010, petitioners answered the amended complaint and filed a cross-complaint, naming real parties, plus an additional party, Bryan Shiflett, as cross-defendants.[1]
On October 3, 2011, real parties filed a motion to sever the cross-complaint, which the court granted. The court also ruled that petitioners’ affirmative defenses should not be presented during the trial on the complaint, but could be presented at the trial on the cross-complaint. On February 27, 2012, the court granted real parties’ ex parte application for an order confirming the severance of the cross-complaint and re-setting the continued trial. During the subsequent trial proceedings on the complaint, the court did allow testimony regarding waiver, one of the affirmative defenses raised by petitioners, but did not allow testimony on the other affirmative defenses. After hearing additional testimony, on June 29 the court issued an order awarding real parties approximately $34,000 plus interest. On August 7, 2012 the court entered a judgment against petitioners in the amount of $69,422.33.

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