Evaristo v. Dumlao CA2/1

── Evaristo v. Dumlao CA2/1 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 Evaristo v. Dumlao CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JOSEPH EVARISTO et al., as B345651 Trustees, etc., (Los Angeles County Plaintiffs and Respondents, Super. Ct. No. 24STCV10207) v. ORDER MODIFYING OPINION; NO CHANGE IN AINA DUMLAO et al., JUDGMENT Defendants and Appellants. THE COURT: It is ordered that the opinion filed on May 27, 2026 be modified as follows: On page 1, line 2, following the caption, the trial judge’s last name is corrected to “Bensinger.” There is no change in the judgment. _____________________________________________________________ WEINGART, J. BENDIX, Acting P. J. M. KIM, J. Filed 5/27/26 Evaristo v. Dumlao CA2/1 (unmodified opinion) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JOSEPH EVARISTO et al., as B345651 Trustees, etc., (Los Angeles County Plaintiffs and Respondents, Super. Ct. No. 24STCV10207) v. AINA DUMLAO et al., Defendants and Appellants. APPEAL from a judgment of the Superior Court of Los Angeles County, Kerry Bensigner, Judge. Affirmed. Aina Dumlao and Bru Miller, in pro. per., for Defendants and Appellants. SNS Law Group and Edrin Shamtob for Plaintiffs and Respondents. _________________________  Aina Dumlao and Bru Miller (collectively, tenants) appeal from a judgment against them in an unlawful detainer case. Tenants contend the superior court erred in proceeding with a bench trial after they filed a second attempt to remove the case to federal court on the eve of that trial. We find no error and affirm. FACTUAL AND PROCEDURAL SUMMARY In 2014, tenants leased a housing unit owned by the Evaristo Family Trust. In 2024, Joseph and Catherine Evaristo, as trustees of the trust (collectively, landlord), brought an unlawful detainer action against tenants seeking among other things possession of the unit, $57,000 in unpaid rent, and any holdover damages that might accrue while the case was pending. After tenants’ initial attempts at derailing the case failed, the superior court held a trial setting conference on October 3, 2024. Counsel representing Dumlao was present; Miller failed to appear. Dumlao requested a jury trial, and the court ordered jury fees posted by October 9, 2024. The court set a final status conference for October 10 and set trial for October 14, 2024. Tenants then sought to delay the trial through various procedural machinations. On October 7, 2024, Miller filed a bankruptcy petition. On November 21, 2024, the bankruptc