Spring Street Realty Co. v. Trask

STURTEVANT, J.

From a judgment in favor of the plaintiff in an action brought to obtain declaratory relief the defendant has appealed.

In 1923 the defendant was the owner of a lot on the west side of South Spring Street in Los Angeles. She entered into a ninety-nine year lease. The lease was assigned to the plaintiff. As lessee the plaintiff erected a twelve-story steel frame class “A” building on the lot. The building is known as the California Bank Building. In 1930 the plaintiff purchased the lot on the north and commenced to erect another building of the same type but which is more modern and of a more perfect structure than the bank building. The building was so constructed that in many respects it is a counterpart of the bank building. At least in part the levels of the floors and the location and size of the corridors coincide if the same are extended. Some of the plaintiff’s tenants have demanded additional space. To meet those demands it has become advisable for the plaintiff to cut doors through some of the walls so that the tenants making such demands can be given the additional space. The openings, if made, will be cut through the fillers but not through nor into the supports of the structure of either building. The plaintiff claims the right to make the changes and the defendant vigorously controverts that claim. In framing its pleading the plaintiff inserted numerous allegations as to the facts, its intentions, and by reference pleaded the lease

in have verba.

The defendant filed an answer containing many denials and pleading many affirmative matters. The trial court made findings that are very full and complete and in general found the facts as alleged in the plaintiff’s complaint.

The defendant asserts that the lessee may not without the consent of the lessor make material changes or alterations in the building to suit its taste or convenience. The plaintiff replies that it does not claim to the contrary,

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but it asserts that by the express provisions of the lease it has the right to make the contemplated changes. Thereupon it quotes from article III, section (8) of the lease the following covenants: “After the completion of the building, the Lessees, providing they shall not be delinquent or in default of any of the obligations imposed upon them by this léase, to be by them kept and performed, shall have the right to make, at their own cost and expense, any alterations or repairs or improvements to the same building, providing they do not in any way change the general character and construction of the building, or violate any of the provisions contained in the specifications therefor, or the requirements of sub-paragraphs a, b and c of paragraph 1 of Article III hereof.” The plaintiff’s position is strengthened by a consideration of other portions of the lease. There were inserted many passages to the effect that the defendant should be held harmless from mechanics’ liens based on alterations and improvements to be made during the term of the lease. These passages show that both parties contemplated that substantial changes in the nature of alterations and improvements might be made during the term of the lease. The lease also provides for the forfeiture of the estate of the lessee on the happening of certain contingencies. Such forfeitures are numerous; however, no such provision is inserted regarding alterations or improvements made by the lessee. The reversion clause is that at the termination of the lease “the building and improvements thereon shall be delivered to the lessor in good condition and repair, reasonable wear and tear and damages by the elements excepted”. This clause also clearly contemplated that “improvements” might be added to the building after it was constructed. By the clear terms of the lease the plaintiff was to have the power to let and sublet It contains no covenants to the contrary, therefore the lessee had those rights. (35 C. J. 977.) In subletting it might become necessary to insert partitions or to cut doors. The power to let and sublet was therefore to be taken into consideration in determining the plaintiff’s rights in the instant case.