### IN THE SUPREME COURT OF THE STATE OF MONTANA

PETER THOMPSON,

Petitioner,

v. OP 24-0567

GALLATIN COUNTY JUSTICE COURT, HONORABLE BRYAN ADAMS, Presiding,

Respondent. 

# FILED ocT -82021.1

Bowen Greenwood Cleric of Supreme Court State of Montana


### ORDER

Peter Thompson has returned to this Court with an Application for Declaratory Judgment and Injunction or Stay, or in the alternative, aPetition for anExtraordinary Writ, such as Supervisory Control, and Injunction or Stay. In seeking reliefhere, Thompson's main argument is that the Gallatin County Justice Court's July 16, 2024 Order of Possession "was issued after the lower court's loss ofjurisdiction[d" Thompson includes 291 pages ofattachments. This Court is familiar with Thompson's proceeding in the Justice Court and the accompanying history. On August 27, 2024, this Court denied his petition for a writ of certiorari or, in the alternative, for awrit ofsupervisory control, concerning his request for
a stay of the Justice Court's proceeding and other relief. Thompson v. Gallatin County Justice Ct., No. OP 24-0493, Order (Mont. Aug. 27, 2024) (Thompson I). We stated then upon acknowledging the Justice Court's Order: According to the attached July 16, 2024 Order, CB Properties, LLC sought possession ofthe real property located at 2988 Blackbird Drive, Bozeman, Montana, afterpurchasingtheproperty ataDecember 1,2023Trustee's Sale, foreclosing the deed oftrust. The Trustee's Deed was issued and recorded on the same day. Thompson and the other occupants did not vacate the property on December 1, or ten days later, thereby becoming tenants at will pursuantto § 71-1-319,MCA. CBProperties, LLC then gave Thompson and the otheroccupantsamonth'snotice, under § 70-27-104, MCA,to vacate the 10/08/2024

Case Number: OP 24-0567property. The Justice Court found that despite the foreclosure and demand

to vacate, Thompson and the other occupants continued to occupy the property unlawfully and became holdover tenants. The court ordered that CB Properties, LLC was entitled to immediate possession ofthe property. The court further ordered that ifThompson and the other occupants did not immediately vacate and surrender posses'sion, the Order would operate as a Writ of Assistance, directing the Gallatin County Sheriff to evict and physically remove Thompson, the other occupants, and the corresponding personal property. ThompsonI, at 2. We concluded that Thompson was not entitled to a stay or to either writ for extraordinary reliefbecause he could not demonstrate that a stay or writ should issue. We explained: Thompson had a right ofappeal to theDistrict Court from the Justice Court's July 16, 2024 Order. Section 3-5-303N Title 25, ch. 33, MCA. Thompson received notice regarding possession and that he and his family should vacate the premises at least three times—December 2023, January 2024, and July 2024. The Justice Court denied his requests for a stay, and he has not sought relief in the District Court. We decline to address his request for a stay here. M. R. App. P. 22(2). Thompson I, at 3A. We pointed out that "the court's July 16, 2024 Order constituted a final determination ofthe rights oftheparties." ThompsonI, at 3. As we noted in our previous order, ajustice court has concurrentjurisdiction over
an unlawful detainer action in the county where the property is located. Section 3-10-302, MCA. We stated that we did nothave a sufficient record to determine whether Thompson questioned title to real property in thejustice court action. Thompson I, at 3. Thompson now asserts that on June 28, 2024, he "filed an answer questioning the propriety of' CB Properties, LLC's title to the property in the Justice Court, and that his
answer disputes the validity of title. He contends that the lower court thus lost its jurisdiction. Thompson contends thathis filings repeatedly contested the legitimacy ofthe underlying deed of trust, and the Justice Court thereby was deprived ofjurisdiction and should have "certified [the action] to the district court." Thompson seeks a declaratory judgmentto invalidatetheJuly 16, 2024 Order ofPossession becausetheJustice Courthad 2no authority when he raised challenges to title in the unlawful detainer action. He further

contendsthatthe Justice Court must dismissthe matter. Thompson argues thathisPetition is timely filed because he can challenge subject matterjurisdiction at any time and there is
no notice ofentry ofjudgment filed. Thompson again argues that either a writ ofreview
or a writ ofsupervisory control is appropriate here. Thompson's requests for relief are not appropriate here. The records Thompson included show that on June 24, 2024, the Justice Court denied Thompson's Motion to Dismiss the Verified Complaint for Unlawful Detainer that CB Properties, LLC filed on January 19, 2024, concluding that Thompson's recording ofa lis pendens on the initiation of his since-dismissed federal court action did not prevent the unlawful detainer action. The court directed him to file an answer to the Verified Complaint on or before June 28. Thompson promptly filed a motion for extension oftime to file his answer. On June 27, 2024, the Justice Court issued an Order denyingThompson's motion for extended time to file an answer to the Verified Complaint. We conclude that Thompson, regardless ofhis assertion, did not file an answer in Justice Court. In ThompsonI, we concludedthatthe Justice Courthad notexceeded itsjurisdiction
orproceeded upon a mistake oflaw. M. R. App. P. 14(2), (3). "Resjudicata bars a party from relitigating a matter that she has already had an opportunity to litigate." Baltrusch v. Baltrusch, 2006 MT 51, ¶ 16, 331 Mont. 281, 130 P.3d 1267. Here, all the elements are met forres

judicatato apply:theparties, the subjectmatter, theissuesrelatedtothe subject matter, and theparties' respective capacities arethe same. Baltrusch,

## ¶33. This Courthas heard and addressed Thompson's claims, and a second original proceedingwill not offer a different result. We observe finally that Thompson did not serve the Justice Court with a copy ofhis petition. M. R. App. P. 14(6). IT IS THEREFORE ORDERED that Thompson's: 1. Application for aDeclaratory Judgment and Injunction or Stay is DENIED; 2. Alternative Application for a Writ ofExtraordinary Reliefis DENIED; 3. Alternative Application for a Writ ofSupervisory Control is DENIED; and 4. Request for an Injunction and Stay is DENIED. ' 3

### The Clerk ofthe Supreme Court is directed to CLOSE this matter as ofthis Order's

date. The Clerk is also directed to provide a copy ofthis Order to: the Honorable Bryan Adams, Justice ofthe Peace, Gallatin County, along with a copy ofThompson's Petition; counsel ofrecord; andTg Thompson personally. DATED this day ofOctober, 2024.

ChiefJustice

••• Justices

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