Lake Woods Apartment v. James E. Carson

Separate unlawful detainer actions were brought against Mr. and Mrs. James Carson and Alfredo Thomas and Ruthie Royster. The trial court upon plaintiff's motions, struck defendants' affirmative defenses and dismissed their counterclaims. Plaintiff then prevailed upon its motions for summary judgment in both cases. The court ordered restitution of the apartments and awarded damages based upon a stipulation of the parties. The two cases have been consolidated upon appeal. Defendants primarily contend the trial court erred in striking their affirmative defenses and their counterclaims, alleging racial discrimination on the part of plaintiff; waiver by acceptance of rent; and in granting the motion for summary judgment while material issues of fact remained unsolved.