Rowe

Rowe v. Wells Fargo Realty Services, Inc.

Good Law
166 Cal. App. 3d 310·1985 Cal. App. LEXIS 1835·212 Cal. Rptr. 374
Court of Appeal of CaliforniaMarch 28, 1985B003778California2,827 words

Opinion

Opinion

Arabian, J.

Introduction

Plaintiffs and appellants Alan and Helen Rowe and Mark Fisher (appellants) brought an unlawful detainer action seeking a forfeiture and default of a 10-year lease, alleging defendant and respondent Wells Fargo Realty Services, Inc. (Wells Fargo), the lessee, committed waste and used the leased premises for an unlawful purpose. This appeal is from the trial court’s grant of summary judgment in favor of Wells Fargo. We affirm.

Statement of Facts

On July 1, 1976, Wells Fargo, as lessee, entered into a 10-year commercial lease with appellants’ predecessor in interest, as lessor, for the entire second floor and a portion of the third floor of an office building in Pasadena. Appellants purchased the building, subject to the lease, in December of 1977.

As relevant here, the lease set forth the lessee’s and lessor’s obligations as follows: thereafter and without waiving any other rights available to Lessor, at law or in equity, may: . . . (ii) Declare the term hereof ended, reenter the premises, with or without process of law, and remove all persons therefrom.”

Within 10 days of the close of escrow, appellants attempted to force an increase in rental payments on…

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