Batarse

This is an appeal from a judgment in favor of plaintiff and respondent Thrifty Oil Co. against appellants and defendants, Alfred N. Batarse, Juan S. Zapanta, and Delfín L. Dino, arising out of an unlawful detainer action and a later order denying appellants’ petition for relief from forfeiture.

On October 18, 1978, Gulf Oil Corp., sublessor, and appellant Batarse, sublessee, entered into a sublease of a gasoline station (Station No. 1464) located at 2560 Glendale Boulevard, Los Angeles. The sublease was for a period beginning October 18, 1978 and ending December 31, 1981. In this sublease was paragraph 20 which read as follows: “Assignment: Sublessee shall not assign or transfer this Sublease or any interest therein nor sublet the premises in whole or in part without the written consent of Sublessor first had and obtained, nor may Sublessee’s interest under this Sublease be assigned by operation of law; and the consent by Sublessor to any one assignment or subletting shall not be construed as waiving Sublessor’s right to refuse to consent to any subsequent assignment or subletting.”

A portion of the sublease also stated that it would be deemed a default and breach of…