California Safety Center, Inc. v. Jax Car Sales of California, Inc.

This appeal challenges the trial court’s modification of judgment pursuant to Code of Civil Procedure section 662 whereby the court reduced the award of damages that had been granted pursuant to Civil Code section 1951.2 from $7,915 to $915. The central issue on appeal is whether the trial court erred when in applying Civil Code section 1951.2, it interpreted “at the time of award” as used in that section to mean at the time of the award of the prior unlawful detainer judgment rather than at the time of the award of judgment pursuant to the Civil Code section 1951.2 action itself. Because we find the trial court erred in its interpretation of this statute, the trial court’s modification of judgment is reversed.

I. Facts and Proceedings Below

On or about February 6, 1979, the appellant California Safety Center, Inc. the “lessor” and the respondent Jax Car Sales of California, Inc. the “lessee” entered into a written five-year lease agreement of commercial real property commencing on February 15, 1979. The lessee failed to pay rent for the period of June 1, 1980, through June 30, 1980, and as a result, on July 1, 1980, the lessor served the lessee with a three-day notice…