Facts

Gerald and Judith Nunn sought injunctive and declaratory relief to stop unlawful detainer proceedings against them in state court. The court previously granted defendant JP Morgan Chase Bank NA's motion to dismiss with prejudice, leaving only Gov. Gavin Newsom and State Attorney General Xavier Becerra.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that expedited unlawful detainer proceedings deprived them and other mortgagors of equal protection and procedural due process under the federal and state constitutions. Specifically, plaintiffs claimed unlawful detainer plaintiffs cannot challenge their right to title within the time period imposed by the expedited unlawful detainer hearing schedule.

DEFENDANTS' CONTENTIONS: The state defendants contended plaintiffs' claims were barred by the Eleventh Amendment and the prior exclusive jurisdiction doctrine.

Result

The court granted the state defendants' motion to dismiss. The court found that neither Newsom nor Becerra had an active role with respect to California's unlawful detainer statutes, so plaintiff's claims based on the federal Constitution failed. Further, the court concluded that because two state court actions involving plaintiffs' claims were filed based on in rem and quasi in rem jurisdiction, the prior exclusive jurisdiction doctrine applied and barred plaintiffs' claims in federal court.