Folberg

Harry Folberg and Vivian Folberg (lessors) sued Clara G. R. Kinney Company, Inc. (lessee) seeking restitution of leased premises and damages for unpaid public improvement assessments in the sum of $4,328.60. The court granted a motion by Kinney for summary judgment and dismissed the complaint. Lessors appealed.

Respondent has been a tenant on the property located at 3380 El Camino Real, Santa Clara, California, continuously since April 1, 1958. Respondent leased the property for commercial purposes for a term of twenty-five years with three successive five-year renewal options. On February 24, 1978, appellants purchased the property subject to respondent’s lease.

An improvement assessment had been levied against the property on January 12, 1968. Under terms of the assessment, the previous owners had a choice of paying the assessment no later than February 13, 1968, or deferring total payment of the assessment and paying installments plus interest over a period of years. The previous owners chose the deferred payment plan and looked to respondent for payment of the assessment upon that basis. The assessment was collected with the county taxes. Respondent, being obligated…