Fish Construction Co. v. MOSELLE COACH WORKS, INC

Defendants, as lessees of plaintiff, appeal from the judgment awarding plaintiff the sum of $20,500, plus $1,200 attorney’s fees, $157 costs, restitution of certain commercial premises, and a forfeiture of the written lease on said premises. Defendants contend that there is insufficient evidence to support the trial court’s implied finding that defendants had not relinquished possession of the premises. That being so, they contend that they were denied the opportunity to present evidence on their pleaded affirmative defense that the leased premises were not maintained in a safe and secure manner and on their pleaded denial that plaintiff had performed all covenants of the lease agreement. We agree and reverse.

The action against defendants was commenced as an unlawful detainer proceeding based on the failure of defendants to pay rent when due under a four-year written lease. Defendants answered, and the case was given a preferential trial date as required by Code of Civil Procedure section 1179a.

The defendants’ answer admitted that the rent claimed to be due in the three-day notice to pay rent or quit was in fact due and that the defendants had not paid the rent since…