Rydell v. Beverly Hills Printing & Publishing Co.

[217]

HAHN, J., pro tem.

This appeal arises out of an action of unlawful detainer. The complaint is drafted in the usual form. Among other things, it is alleged that the defendant entered into possession of the property of the plaintiff under an oral agreement, by the terms of which the defendant agreed to pay on the first of each month as rental the sum of $100. It is further alleged that at the time of the filing of the action there remained unpaid on account of rental for the month of July the sum of $74.50, and the full monthly rental of $100 for the month of August; also, that a written notice demanding pa3rment of the overdue rent within three days, or possession of the premises, had been given to the defendant, and that the defendant refused to either pay the rental or deliver up the possession of the premises.

An answer and crpss-complaint were filed by the defendant. In his answer he does not deny the terms of the lease or that he entered possession or was in possession of the demised premises, but he does deny that there was due or unpaid the amounts charged in the complaint, and he further denies that he owes anything as rental to the plaintiff for the months of July and August. The answer further, under a heading designated as an “affirmative defense,” alleges that the defendant suffered damage in the sum of $193.80, by reason of the malicious interference by the plaintiff with defendant’s possession of the demised premises, and more particularly alleges that this damage was suffered by the defendant because the plaintiff had made malicious and unbecoming remarks concerning the defendant to a subtenant who, perchance, by reason of having heard the remarks of the plaintiff, left the premises, failing to pay the rental he owed therefor, and failing also to pay other obligations he owed the defendant.

The cross-complaint contained two counts, the first charging in substance that while the defendant was in lawful possession of the premises under the lease agreement referred to in the complaint, the plaintiff unlawfully trespassed upon the demised premises, at divers and numerous times, and that by “uttering unbecoming, slanderous and libelous remarks about the cross-complainant addressed to his help and to the sub-tenants of cross-complainant,” the cross-

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