Ricks v. Adorni

FINCH, P. J.

Judgment was entered in favor of the plaintiff for the amount demanded in the complaint, and the defendant has appealed therefrom. The complaint alleges:

“That defendant became indebted to plaintiff in the sum of $1000.00 as and for the rent of those certain premises Nos. 211 Fourth street and 514 Second street in the city of Eureka, county of Humboldt, state of California, for the period of eight months commencing on the first day of June, 1925, at the monthly rental of $125.00, payable monthly in advance on the first day of each and every month and that defendant promised and agreed to pay said rental at said rate; that defendant has not paid said indebtedness nor

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any part thereof and that said sum of $1000.00 is now due, owing and unpaid from defendant to plaintiff.”

Appellant contends that the complaint does not state a cause of action. Complaints in substantially the same form have been so often held sufficient in this state that discussion of the question is deemed unnecessary.

In appellant’s brief it is said: “We hesitate to set forth all of the evidence given in the case but will set forth that testimony which we believe establishes the facts of the case by the great preponderance.” The evidence which is most favorable to the appellant is then quoted. This method of presenting an appellant’s case is ordinarily futile. The question on appeal is not whether there is sufficient evidence to warrant a judgment for the appellant, but whether the judgment rendered is substantially supported by the evidence.

It substantially appears from the evidence that Ted Regos held, under a lease from the plaintiff, certain rooms in a building on the premises described in the complaint, in which he conducted a restaurant known as the Liberty Cafe; that he became heavily indebted to various persons, of whom the defendant was the largest creditor; and that in the spring of 1925 Regos, the defendant, and the agent of the plaintiff held a consultation relative to such restaurant business. Plaintiff’s agent, P. H. Ryan, who is her attorney in this action, testified: “By appointment, Mr. Adorni and Mr. Ted Regos met with me in my office and it was explained to me in the presence of all three of us that Mr. Regos was financially upon the rocks and he was leaving here, . . . and that he desired and was going to turn the whole business over to Mr. Adorni who had a large mortgage . . . upon the fixtures and equipment of the Liberty Cafe. And he stated in substance and effect that he was abandoning the place to Adorni; . . . and he wanted to know, and Mr. Adorni wanted to know from me as Mrs. Rick’s attorney and agent if it would be satisfactory to her and to me for him, Adorni, to take over the place, and I asked Adorni if he’ would accept an assignment of the lease so as to obligate himself for all the rents under the lease, and he refused to do it, said in substance, or the idea he gave me was he was not willing to bind himself for all the rent that might accrue under the lease until it expired.