Boston Properties v. Pirelli Tire Corp.

Respondents, Boston Properties, a Massachusetts business trust, and Mortimer B. Zuckerman (hereafter referred to as Boston), filed a complaint and later a first amended complaint (hereafter the complaint) against appellants, Pirelli Tire Corporation, Pirelli Sales Pacific and Pirelli Sales West, Inc. (hereafter referred to as Pirelli or appellants) and others for unlawful detainer, seeking a forfeiture of the lease entered into between appellants as lessees, and respondents as lessors, on certain property in Los Angeles County, seeking to be restored to possession of those leased premises and for damages. No cross-complaints were filed.

After a trial of the issues by the Honorable Philip H. Richards, referee by order of reference, pursuant to the provisions of Code of Civil Procedure section 638, subdivision (1), findings of fact and conclusions of law were made. Among other things, the court found that the provision in the lease against subletting without respondents’ consent had been breached by appellants. The court then gave judgment in favor of respondents and against appellants and others, ordered the lease forfeited, ordered possession restored to respondents and…