366-388 Geary Street, L.P. v. Superior Court

Petitioner 366-386 Geary Street, L. P., seeks a writ of mandate and/or prohibition directing respondent superior court to vacate a preliminary injunction it granted to real parties Monro, Thrasher, and Abrahamson (MTA). That injunction prevents petitioner from removing or altering trade fixtures at Rosebud’s English Pub (Rosebud’s) in San Francisco. Petitioner also seeks an appropriate writ prohibiting further proceedings in the superior court on real parties’ petition for relief from forfeiture of Rosebud’s lease, brought under Code of Civil Procedure section 1179.

We grant the requested relief.

Statement of Facts

Petitioner 366-386 Geary Street limited partnership is the owner and lessor of real property located at 370 Geary Boulevard, San Francisco, the location of Rosebud’s. Petitioner’s predecessor in interest, the J.D. Grant Company, originally leased the premises to real parties Monro and Thrasher in 1975 for a term of approximately 21 years. Monro and Thrasher later assigned the lease to 370 Geary, Inc., which they and Abrahamson owned and operated with their wives.

In 1985, 370 Geary, Inc. assigned Rosebud’s lease to Paem Corporation (Paem). In that…