Bergeron

Filed 7/25/13 Bergeron v. Payne CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MERLIN LEE BERGERON, D060553

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2010-00090076-

CU-BT-CTL)

CLIFTON PAYNE, SR.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, Jay M. Bloom,

Judge. Affirmed.

Archer Norris, W. Eric Blumhardt and Pamela G. Lacey for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller and Matthew B. Stucky; Charles

Anthony Williams for Defendant and Respondent.

Plaintiff Merlin Lee Bergeron operated a restaurant on property that he rented from

defendant Clifton Payne, Sr., under a written lease agreement. Bergeron filed the…