Bumgarner v. Orton

FOX, J.

Plaintiff seeks to recover from the defendants, for her own immediate occupancy as a dwelling, the possession of certain described premises in the city of Los Angeles. Defendants have been occupying said premises on a month to month tenancy since March 21, 1942. On August 20, 1943, plaintiff served defendants with a written notice terminating their tenancy on September 22, 1943, and within twenty-four hours thereafter, served a copy of said notice upon the Office of Price Administration, Rent Control Division, Los Angeles office, as required by O.P.A. Rent Regulation For Housing (8 Federal Register 7322, issued pursuant to the Emergency Price Control Act of 1942, Pub. L. No. 421, 77th Cong., 2d Sess., c. 26; 56 Stat. 29.)

Plaintiff testified that she was then living in an upper flat of a four-family flat building, which consisted of three rooms and a bath; that her family consisted of herself and an adult niece; that she had formerly lived in a large house with her husband, but that after his death in August, 1942, “she could not bear to live there any longer and moved out to the flat where she now lived”; and that she still owned the house where she formerly lived, which was larger than the house occupied by the defendants, and rented for $15 per month more. Plaintiff also testified that she had been employed at a defense plant, working the “graveyard” shift and attempting to sleep during the daytime, but that she had not been able to sleep well in her flat, due to the noise caused by several small children, who lived in the building, running up and down the halls. She further testified that she had been ill and unable to work for some time and that “one of the reasons why she wanted to live in her own home was to use

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the sun deck which it had,” and that “she sought in good faith to secure possession of the premises as a permanent dwelling for herself.” No testimony was offered by or on behalf of the defendants, and plaintiff’s testimony was not otherwise challenged.

On the issue of plaintiff’s good faith, the trial court made the following finding: “The Court finds no necessity for plaintiff to occupy said premises, and for this reason only, finds that plaintiff’s desire to recover possession for her immediate use and occupancy is not in good faith. The Court finds that plaintiff’s desire to recover possession of said premises for her immediate use and occupancy as a dwelling for herself is not in good faith because the Court finds no necessity for plaintiff to occupy said premises.” Based on this finding, judgment was rendered for the defendants.