Craig v. Reed

DORAN, J. The complaint herein, for unlawful detainer, alleges “That under date of January 15, 1945, by written lease, there was leased to defendants . . . that certain brick building 150' x 100', being 100' front, located on the North side of West Anaheim Street (in Long Beach) sometimes [696]numbered 525, 527, or 537, for the term of three years commencing on the 1st day of February, 1948.” It is further alleged that the defendant Charles W. Carlstrom, individually, guaranteed in writing the performance of said lease.

It is then alleged that said lease by its terms terminated on February 1, 1948, and that more than 30 days prior thereto, “Plaintiffs notified Defendants, both orally and in writing, that said lease would not be renewed or extended . . . and that possession of the leased premises was demanded as of the date of the end of the term of said lease. . . . that prior to the 1st day of January, 1948, plaintiffs notified defendants that their tenancy of: Lot 4 in Block B of Chapman Tract, in the City of Long Beach . . . would terminate and end on February 1, 1948.” The complaint then alleged defendants’ refusal to surrender possession; that plaintiffs had agreed to lease the premises to the International Harvester Company at $800 per month; and claimed damages to be trebled, attorney fees and costs.

The answer “admits that said lease by its terms terminated •on the 1st day of February, 1948,” and that “said Defendants entered into possession of said premises, ’ ’ but denies the other allegations of the complaint. Judgment was rendered for the plaintiffs for restitution together with damages of $850 for failure to remove from the premises, $566.14 for removing septic tanks, and $210 for 14 months’ rent at $15 per month, in all amounting to $1,626.14 which was ordered trebled. To this was added attorney fees of $750, making a total of $5,628.42.

At the trial defendants offered no evidence, and the trial judge observed that “The defendant having seen fit not to explain to the Court why they kept on in possession there, it seems to be a clear ease for treble damages.” Among other things the trial court found “that in 1946, after the execution of said lease aforesaid, by mutual agreement, consent and ratification of the parties thereto, there was added to the premises originally covered by said lease, additional territory consisting of a vacant lot described as Lot 4, Block B of Chapman Tract . . . and the rental provided by said lease was increased to the sum of $265.00 per month, and Defendants went into possession . . . and occupied the same in connection with and as a part of the same use and occupancy as that of the building originally described in said lease and under the terms thereof; and each month thereafter, to and including the month of January, 1948, Defendants paid the rental on