Vasey

Vasey v. California Dance Co.

Caution
139 Cal. Rptr. 72·1977 Cal. App. LEXIS 1558·70 Cal. App. 3d 742
Court of Appeal of CaliforniaJune 15, 1977Docket Nos. 48339, 49044California1,790 words

Opinion

Opinion

Hastings, J.

In two consolidated defendants California Dance Company, an Illinois corporation (CDC), Gerald Ranee, an individual (Ranee), and Alan E. Edelstein, an individual (Edelstein), appeal from default judgments against them in unlawful detainer proceedings. Defendants also appeal from an order of the trial court denying their motion to vacate and set aside the default and default judgment.

In December of 1973, plaintiff-respondent Robert C. Vasey (Vasey) leased certain property to appellant CDC at a monthly rental of $1,500. At the time the complaint was filed in May of 1975, CDC was in default on the payment of rent for three months.

On May 15, 1975, Vasey’s counsel personally served a three-day notice to pay rent or quit on Miss I. Novak, the manager of CDC’s Van Nuys studio. On May 20, after receiving no response from CDC, Vasey filed a complaint in unlawful detainer naming CDC, Ranee, Edelstein, and two other individuals as defendants.

The complaint alleged not only the default of rent and requisite service of the three-day notice, but also the breach of two other agreements: (1) an oral agreement pursuant to which respondent-lessor made certain alterations to the…

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