Greene v. Municipal Court

Opinion

THOMPSON, J.

The case at bench reaches us by writ of review directed to a proceeding of the appellate department of the superior court affirming a municipal court judgment in unlawful detainer. It raises issues of: (1) the validity of a provision in a conditional sale agreement of real property to the effect that upon default by the vendee he is deemed a tenant of the property; (2) the jurisdiction of the municipal court acting in the guise of unlawful detainer to declare cancellation of a contract involving property of a value of more than $5,000; and (3) the validity of a five-day unlawful detainer summons issued on a complaint which alleges a cause of action not in unlawful detainer. We conclude that the provision of the contract is of no legal effect, the municipal court lacked subject matter jurisdiction, and the five-day summons was invalid. Accordingly, we direct that the judgment of the municipal court be reversed.

On June 12, 1974, plaintiff filed his complaint in “unlawful detainer” in the Inglewood Municipal Court. The complaint alleges that pursuant

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to a written agreement defendants are tenants of property owned by plaintiff. It claims that defendants are delinquent in installments of rent of $350 each due in the months of March, April, May, and June 1974, and asserts that defendants were served with a notice to cure the default or return possession of the property to plaintiff.

A copy of the written agreement is appended to the complaint and incorporated by reference. It consists of a conditional sale contract of real property dated December 1, 1971. Plaintiff is vendor and defendants vendees. The purchase price is $49,500, payable $2,000 as a down payment with the balance payable at the rate of $350 per month, including interest, at the rate of 8% percent per annum. Vendees are placed in possession as of the date of the contract and they agree to pay real property taxes.

Paragraph 11 of the agreement states: “In the event of the failure by buyer to comply with any of the terms ... of this agreement, . . . seller shall provide buyer with ten . . . days written Notice of Default .... If the buyer fails to cure default within ten ... days from the date of receipt of said Notice . . . Seller shall be relieved from all obligations . . . under this agreement, all rights of buyer under this agreement shall be terminated, all moneys theretofore paid by buyer shall belong to seller as rent and compensation for the use and occupancy of said real property, and seller shall be entitled to immediate possession thereof....”