Bryan v. Pasadena Holding Co.

YORK, J. This is an action for declaratory relief under section 1060 of the Code of Civil Procedure, and to have a lease construed and canceled, on the theory that denial of plaintiffs’ application for a license to do dry cleaning had rendered the use of the premises unlawful for the purposes contemplated by the lease. From a judgment canceling the lease defendant corporation takes this appeal.

Under the terms of the lease, dated November 15, 1927, the premises situated at 690 East Colorado Street, Pasadena, California, were “to be used for the purpose of conducting and carrying on the business of dry cleaning, pressing, re[262]pairing and dyeing of wearing apparel, rugs, carpets and furnishings of all kind”.

It is alleged in the complaint that the plaintiffs carried on a business at said premises of receiving and delivering clothing and wearing apparel and that, on or about August 1, 1930, the plaintiffs desiring to do a dry cleaning and pressing business, applied to the city of Pasadena for a license to conduct such business, but that there was an ordinance in effect prohibiting the doing of said business in the zone in which the premises covered by the lease were located, and that, therefore, the license was refused by the said city.

Appellant maintains that there was insufficient evidence adduced at the trial to sustain the following findings of fact, which form the main, if not the only, support for the judgment:

(1) “It is true that plaintiffs were prohibited by law from doing a dry cleaning business at said premises.”

(2) “It is true that the zoning ordinances and the fire ordinances of the city of Pasadena prohibit the use of said premises for dry cleaning business as contemplated and understood by the plaintiffs and defendant at the time they entered into said lease.”

(3) “That said lease was entered into by plaintiffs and defendant under a mutual mistake of law and fact.”

Appellant claims that subdivision (a) of section 4 of Ordinance No. 2613 of the city of Pasadena expressly permits “cleaning and dye-works” in the location covered by the lease. Quoting from the bill of exceptions, the ordinance above referred to provides as follows: 11 Section 4. Zones B, or Commercial Districts: (a) Except as provided in sections 8 and 13 hereof, no building, structure, improvement or industry shall be erected, constructed, established, altered or enlarged in a zone B which is designed, arranged or intended to be occupied or used for any purpose other than a use permitted in zones C, D and E, or as a store or shop for the conduct of a wholesale or retail commercial business, garage, gasoline and oil station, automobile repair shop, machine shop, place of amusement, office, studio, conservatory, dancing academy, paint shop, cleaning and djre works, newspaper print shop, laundry (except steafn laundry), photograph gallery, postoifiee or an establishment for light manufacture, repair or storage and sale of materials