Slater v. Conti

DRAPER, J.

At the outset of non jury trial, both sides moved for judgment on the pleadings. Defendants’ motion was granted and plaintiffs appeal from judgment then entered. The facts hereafter stated are taken from the allegations of the complaint and from stipulations made at pretrial conference and on argument of the motions for judgment.

[584]

Defendants leased land to plaintiffs for a five year term for use as a golf driving range. Plaintiffs took possession September 1, 1953, the date of commencement of the term. On March 8, 1954, the city and county of San Francisco filed an action in ejectment against both lessors and lessees, claiming title to a strip 132 feet wide which bisects the land leased. Both lessors and lessees contested this action. Lessees continued to pay rent through August 31, 1954. There is no specific allegation of termination of lessees’ possession, although it is alleged that by reason of the ejectment action lessees “were compelled to and did cease to operate” their business September 30, 1954. On October 11, 1954, lessors commenced an unlawful detainer action against lessees, who allege that lessors filed such action “knowing that (lessees) . . . were no longer in possession.” December 30, 1954, memorandum decision in favor of lessors was filed in the unlawful detainer action, and judgment followed January 13, 1955. Memorandum decision in favor of the city and county was filed in the ejectment action November 29,1954, and judgment was entered January 14, 1955. No writ of restitution ever issued. Both judgments are now final.

In the case at bar, plaintiff lessees assert that because they were deprived of the use of the strip of land owned by the city and county of San Francisco, the remainder of the leased land became valueless to them. They seek compensation for expenses incurred in improving the land, costs of defense of both ejectment and unlawful detainer actions, and loss of profits. The trial court’s order for judgment on the pleadings was based upon the view that plaintiffs’ possession and enjoyment of the leased premises was neither interfered with nor disturbed until commencement of the unlawful detainer action. Since that action and the judgment therein was based upon plaintiffs’ failure to pay rent, that court concluded that no liability could be imposed upon defendant lessors.