Cameron
Leonhardi-Smith, Inc. v. Cameron
Opinion
Opinion
Stephens, J.
Consolidated actions, one for declaratory relief and one for unlawful detainer, resulted in a judgment for tenants (Leonhardi-Smith). The hub of the dispute was the effect to be given to a lease of a restaurant, El Galleon, in Avalon on Santa Catalina Island. The lease involved was initially entered into on May 18, 1971. It provided for a three-year term with a series of four additional options for three years each. The initial term rental was set at $800 per month and at the exercise of each option the rental would be increased $25. Also required to be paid were the taxes and insurance.
The lessors were Suzanne and Michael Cameron; these persons died in 1975 and 1976, respectively. Louis Cameron (sometimes hereinafter referred to as Louis) became executor of both estates and after the death of Michael Cameron (sometimes hereinafter referred to as Mi chael), Louis was paid the rentals. The sole devisee of the property involved was Louis’ sister, Thelma Splane, who resided on the island with her brother. Mrs. Splane taught school on the island except for periods when school was not in session; at those times she lived with her husband on the mainland.