Cambridge v. Webb

KAUFMAN, P. J.

This is an appeal from a judgment of the municipal court in favor of plaintiff and respondent and against defendants and appellants in an action for unlawful detainer.

[941]

A reading of the record discloses that the appellants were delinquent in their payment of rent; that the statutory unlawful detainer notice was sent to them. Thereafter, and during the trial of said action, appellants offered to pay all rent due together with costs and counsel fees. Respondents in their three-day notice and in their complaint requested a forfeiture of the lease. Thereafter the trial court entered judgment in favor of respondents forfeiting the lease and for unpaid rent and costs. Thereafter appellants availed themselves of the right to file an application for relief based on hardship under section 1179 of the Code of Civil Procedure and the trial court, acting under and pursuant to that section, denied appellants any relief on the ground of hardship.

In our opinion, the statutes of the State of California set out a complete procedure in actions of unlawful detainer. Section 1174 of the Code of Civil Procedure provides that if the notice required by section 1161 of the Code of Civil Procedure states the election of the landlord to declare the forfeiture of the lease, then the judgment of the court shall declare such forfeiture. Section 1179 of the Code of Civil Procedure permits the court to give relief in the ease of hardship.

Appellants contend that the lower court committed prejudicial error in refusing to allow them to introduce evidence on the question of hardship in the unlawful detainer trial, but we think the court was correct in its ruling on the ground that appellants’ remedy was to proceed under section 1179 of the Code of Civil Procedure. Furthermore, appellants availed themselves of this remedy and did proceed under section 1179 of the Code of Civil Procedure. They had their hearing and their day in court and the trial court, in the exercise of its discretion, denied them any relief on the ground of hardship under that section.

A reading of the record before us does not disclose that the trial court abused its discretion in proceeding either under section 1174 or 1179 of the Code of Civil Procedure.