Can a landlord who fails to prove an unlawful detainer claim for possession of a building and damages for loss of possession and loss of rental income?

Sections 1161 et seq. set forth the jurisdictional and procedural law for unlawful detainer actions. Section 1174 provides the court's jurisdiction to enter judgment for possession and to award incidental rents and damages. As aptly discussed in Balassy v. Superior Court, supra, 181 Cal.App.3d 1148, 226 Cal.Rptr. 817, established California law holds "that possession is the principal subject of unlawful detainer actions and the entitlement of the plaintiff lessor to recover damages or rents therein is wholly dependent upon the lessor prevailing on the issue of unlawful detainer." (Id. at p. 1152, 226 Cal.Rptr. 817.) Thus there can be no damage award if the landlord fails to prove an unlawful detainer. (Id. at p. 1151, 226 Cal.Rptr. 817.)