Bedi v. McMullan

In Bedi v. McMullan (1984) 160 Cal. App. 3d 272, it was alleged the landlord defendants had obtained a writ of possession based on an unlawful detainer judgment which was later set aside. Knowing the writ was invalid because the underlying judgment had been set aside, the landlords nonetheless persuaded a marshal to execute the writ and evict the tenants. The tenants brought an action for forcible detainer, and the trial court sustained a demurrer without leave to amend, holding that "a landlord who forcibly enters and takes possession of the tenants' premises under color of a writ of execution is not guilty of forcible entry and detainer even if the writ of execution is invalid." (Bedi v. McMullan, supra, 160 Cal. App. 3d at p. 274.) The appellate court reversed, holding that a landlord may be held liable for forcible entry and detainer "if he evicts a tenant under color of a void judgment." (Id. at p. 275.)