Bakersfield Laundry Assn. v. Rubin

BRADSHAW, J.

This case is an action to recover rent alleged to be due to appellant by virtue of a written lease of real property.

On August 27, 1952, the appellant, who was plaintiff in the trial court, entered into a written lease (Exhibit 1) with the defendants for the use of the premises at 505 19th Street in the city of Bakersfield. These premises consisted of a large one-story structure of approximately 13,230 square feet of floor space (Plaintiff’s Exhibit 2). The lease was in writing and was for a term of one year, with option of lessee to renew, and fixed the rental at $4,800 per annum, payable monthly (Exhibit 1). Another provision of the lease was to the effect that the lessees had inspected the building and were

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thoroughly familiar with its condition, and accepted the building in the condition it was. The destructive earthquake had occurred a few days prior to the time of making the lease and had damaged the building in some respects, and this was known to lessees at the time of the execution of the lease (R.T. p. 35). The lessees are in the general merchandise business and moved into the premises forthwith with their business. Within a few days subsequent to their moving in, the lessees were required by the municipal authorities to close for a day or two (R.T. p. 11, 1.23); then about two or three weeks later the rear wall was torn down and a plywood wall or partition was erected farther in than the original. The facts are disputed as to area that was lost to the lessees by reason of this alteration, respondents claiming some 2,500 square feet and appellants asserting that the loss approximated 1,000 square feet. The availability to the lessees of the toilet facilities is also disputed.

The lessees remained in possession and occupancy of the premises in excess of six months after the above described alterations were made, then vacated the premises leaving five months to run on the lease and $2,000 unpaid on the agreed rental.

The plaintiff sued for the balance of the rent and defendants set up by way of defense (1) constructive eviction and (2) failure to repair. There is no dispute that the $2,000 remains unpaid. No written findings were made by the trial court. It is the rule under these circumstances that the appellate court will presume that the trial court made whatever findings that are necessary to support the judgment (4 Cal.Jur.2d, p. 760).