Jones v. Feichtmeir

[343]

NOURSE, P. J.

Plaintiff sued for a declaratory judgment and for other equitable relief in support of his asserted rights under a written sublease under the major lease held by defendants. He had judgment declaring his right to a renewal of his sublease and adjudging that the party named in the renewal of the major lease held for the other defendants who had theretofore contracted with him to grant a renewal of his sublease.

The facts are not materially controverted. The husband of Mrs. Feichtmeir operated a barber shop on the premises located in the city of Palo Alto until his death. Then Mrs. Feichtmeir leased the premises from the owners, permitted her son Ralph Feichtmeir to conduct a barber shop on one part of the premises, and subleased the other part of the premises to Jones for the conduct of a smoke shop. The sublease provided that it was renewable at the option of the sublessee if the lessee renewed her lease with the owner or was able to do so. Armin Feichtmeir, an insurance broker, living in the city of Los Angeles, another son of Mrs. A. K. Feiehtmeir, arranged to lease the property from the owner for a five-year term, commencing upon the termination of the term of Mrs. A. K. Feichtmeir’s lease. Thereupon Mrs. A. K. Feichtmeir notified Jones, the sublessee, that the original lease would not be renewed with the owner, and that the sublease would also be terminated June 30, 1948. Plaintiff Jones notified defendants that he would consider any and all releasing by any member of the Feichtmeir family as a renewal of the master lease, and would continue in possession by virtue of the option contained in the sublease.

The controversy posed by the pleadings lies in the plaintiff’s assertion that the renewal of the master lease in the name of Armin Feichtmeir was but a subterfuge on the part of Mrs. Feichtmier and her son Ralph designed to defeat the plaintiff's option for a renewal and to enable Ralph to enlarge his barber shop and occupy the entire premises.

The trial court came to the same conclusion and specially found that the manner of the renewal of the master lease was a fraud on the part of the three defendants. It decreed that plaintiff was entitled to a renewal of the sublease in accordance with the terms of his option. The evidence and the inferences to be drawn therefrom fully support this finding and the only real issue on this appeal is whether the complaint states a cause of action—that is to say, whether the plaintiff pursued the right remedy.