La Cava v. Breedlove

DESMOND, P. J.

Defendants appeal from a judgment rendered in an unlawful detainer action in favor of plaintiff by a court sitting without a jury. The judgment decreed that “defendants, Phil Breedlove and Mrs. Phil Breedlove, are guilty of unlawful detainer of the premises .described in the Complaint and that plaintiff Gregory La Cava be restored to possession of said

premises;

that the agreement under which said property is held was by its terms expired and the same is hereby forfeited; that plaintiff have and recover from the said defendants the sum of $1,633.28, being the rent to May 11, 1945, and the further sum of $8.33 per day for every day after May 11, 1945, that defendants continue in possession plus interest thereon from said respective dates at 7 per cent per annum, together with his costs taxed in the sum of $16.”

On October 26, 1943, the plaintiff, as lessor, and defendant Phil Breedlove, as lessee, entered into a written lease by which the latter leased from plaintiff a furnished house at 22360 Roosevelt Highway, Malibu LaCosta, Pacific Palisades, California, for a term of twelve months, commencing October 26, 1943, at a rental of $125 per month “for the months of October, 1943 to and including the month ending May 26, 1944, ’ ’ and at $250 per month thereafter, namely, “for the months beginning May 26, 1944, and ending on October 25, 1944.” The lease further provided that if the lessee held over the term “such holding shall be construed to be a tenancy only from month to month.”

After the termination of the lease year, i. e., October 25, 1944, defendants tendered to plaintiff $125 per month for the rental of the premises, but the payments were refused by plaintiff. On January 18, 1945, plaintiff terminated said tenancy by serving upon defendant Phil Breedlove a notice to vacate and quit the premises “upon the expiration of one month after the service upon you of this Notice,” and on February 28, 1945, filed the present unlawful detainer action.

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The lease and the notice to vacate and quit were introduced at the trial. Plaintiff testified that he had not received possession of the premises in accordance with his notice and that $250 per month was the reasonable rental value of the premises since October 26, 1944. Defendant Phil Breedlove testified that the reasonable rental value of the property during the winter months was $125, and for the summer months not over $250 per month. By way of defense, defendants attempted to introduce an alleged conversation between defendant Phil Breedlove and plaintiff respecting certain preliminary negotiations made prior to the execution of the lease to the effect that the defendants were to retain possession of the premises for the duration of World War II and that the lease agreement was to be entered into merely for the purpose of showing the rental breakdown for a twelve months’ period. (Defendants, in their answer, had alleged that they were induced to sign the one-year lease by the false and fraudulent representation of the plaintiff in regard to the matters just mentioned.) Upon plaintiff’s objection to this evidence being sustained, defendants made an offer to prove the conversation relative thereto, after which the court said: “I think, in view of the offer of proof, that not only is the parol evidence rule violated, but the statute of frauds as well. Objection is sustained.” The correctness of this ruling to which defendants take exception is discussed