Harrison v. Ziegler

WASTE, P. J.

Plaintiffs, as lessees of a certain building used as a restaurant and cafe, seek to enjoin the defendant, the surviving lessor] from interfering with the beneficial use of the leased premises. A temporary restraining order issued against the defendant was dissolved upon the trial of the cause. Judgment was entered for the defendant, and the plaintiffs appeal, contending that the evidence amply supports the allegations of their complaint and entitles them to the relief sought.

The defendant, Mary Ziegler, is the surviving wife of John Ziegler, deceased, and is the owner of the Valencia

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Hotel in the city of Anaheim. This building has its main entrance on Center Street, in that city, and the easterly portion of the ground floor of the hotel was formerly equipped for the purpose of and was used as a saloon until January 1, 1919. On or about February 1, 1917, defendant' and her husband leased to plaintiffs for a term of five years, under a written lease, a building adjoining the hotel on the east side and next door to the saloon, which structure also has its main entrance on Center Street, and in which premises the plaintiffs are conducting a restaurant known as the Valencia Cafe. The leased premises are described in the lease as “the room known as the ‘Valencia Cafe, ’ ” and the lease further provides that the lessees are to have and enjoy uninterrupted occupancy of said room known as the Valencia Cafe during the term of the lease.

The barroom in the hotel building extends back to a hallway, which also connects with the rear part of the lobby of the hotel, and from which access is had to a toilet and lavatory located in the rear of the building. At the time the lease was entered into there was, and is now, a doorway opening from the easterly end of this hallway into the restaurant premises of the plaintiffs. Upon the advent of .national prohibition the defendant, in remodeling the premises formerly used as a saloon, planned to remove the toilet and lavatory, and sought to close, and had actually begun the work of closing, the hallway and door leading to the restaurant. Thereupon plaintiffs brought this action, seeking to enjoin the defendant from proceeding with the work.

No mention is made in the lease between the parties of the doorway opening from the hallway into the restaurant, or of the use of the doorway; neither is the use of the toilet and the lavatory-room in the rear of the hotel premises by plaintiffs, or by their patrons, provided for in the lease. Appellants contend, however, that the hallway and the door leading therefrom into the cafe are appurtenant to the restaurant premises and were intended to be covered by the lease. They also claim that the washroom and toilet were reasonably necessary and essential to the enjoyment of the leased premises. In support of their position evidence was introduced, the effect of which was that during the negotiations leading up to the signing of the lease, John Ziegler,