Mobil Oil Corp. v. Superior Court of Los Angeles County

Respondent court stayed an unlawful detainer action (Mobil Oil Corporation v. Joseph Ysais) pending determination of a prior action brought by Ysais, the lessee (defendant in the unlawful detainer action) which seeks to establish his right to continue operation of a service station upon the leased premises. Petition for writ of mandate was filed by Mobil, and we issued an alternative writ, Under the circumstances, we conclude that the order staying the unlawful detainer action constituted an abuse of discretion by the trial court in that it destroys the statutory summary procedure accorded unlawful detainer actions.

In October 1973 petitioner Mobil Oil Corporation, leased certain premises to real party in interest Joseph Ysais pursuant to a written gasoline service station lease the initial term of which was for a period of three years beginning February 1, 1974, and ending January 31, 1977. The renewal terms and conditions are a subject of dispute between the parties. By letter dated September 20, 1976, Mobil informed Ysais of its decision not to renew the lease on January 31, 1977, and that the “retail dealer contract” would terminate on the same date.

On October 28,…