Plaintiff lessor sought review of a judgment from the Superior Court of Ventura County (California), which denied him relief against defendant lessee in the lessor’s action against the lessee to recover rentals. The lessee sought review of the judgment that denied him relief on his cross-action against the lessor and cross-defendant lessee’s partner for breach of contract.
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Overview
The lessor filed an action against the lessee to recover rentals on a property that the lessee operated as a billiard parlor, after the lessee vacated the property in compliance with the lessor’s notice of termination of tenancy. The lessee filed a cross-action against the lessor for breach of an oral agreement of joint venture, wrongful eviction, fraud, and conspiracy to defraud. The lessee also filed cross-claims against the lessee’s partner for conspiracy to defraud, breach of contract, and inducement of a breach of contract. The superior court entered a judgment in favor of the lessee in the lessor’s action and for the lessor and the lessee’s partner in the lessee’s cross-action. The lessor appealed and asserted that the finding that no rentals were due was improper. The lessee appealed and asserted that the refusal to submit evidence of the cross-action’s allegations to the jury was in error. The court reversed the judgment for the lessee in the lessor’s action and affirmed the judgment that denied recovery to the lessee in the cross-action. The court held that: (1) there was evidence of rentals due; and (2) the evidence did not support the allegations of the cross-action.
Outcome
The court reversed the judgment in favor of the lessee in the lessor’s action to recover rentals and instructed the superior court to enter judgment for the lessor in the sum of $ 54.33. The court also affirmed the judgment that denied the lessee recovery in his cross-action against the lessor and the lessee’s partner.
