West-A-Rama

From a judgment rendered by the superior court after trial to the court with an advisory jury, plaintiff and cross-defendant State of California by and through the Department of Parks and Recreation (hereinafter “State”) appeals. Defendant and cross-complainant West-A-Rama, Inc. (hereinafter “West-A-Rama”) cross-appeals from the judgment insofar as the court sustained without leave to amend a demurrer to the second cause of action of West-A-Rama’s amended cross-complaint.

The dispute between the parties revolves around their respective rights and duties under a concession agreement entered into by State and West-A-Rama’s predecessor in interest, Ray Bisel Company, Inc., for the operation of a concession at Saltón Sea State Park.

State filed a complaint on October 31, 1969, against West-A-Rama and others seeking possession of the property covered by the agreement, rents allegedly owing for March through September 1969 and payment of a promissory note having an alleged unpaid balance of $6,528.84.

West-A-Rama filed an answer denying that State was entitled to possession of the property, admitting the nonpayment of rent, but denying that any rents or any amounts under the…