Monteleone

These are cross-appeals. Defendant Andrews appeals from a judgment against him in favor of the plaintiffs, the Monteleones, for $10,500 in unpaid rent and $1,957.44 in itemized damages. He also appeals from the order denying his statutory motion to vacate the judgment. Plaintiffs appeal only from that portion of this judgment which allows them but $50 as the value of certain control panels which were wrongfully removed from the leased premises.

Andrews Appeals

The only question presented by Andrews’ appeals is whether a lessee, over two years after his entry into possession of certain real property belonging to minors under a guardianship and leased to him for five years by the guardian of their estates, may disaffirm that lease on the sole ground that prior to the execution of the lease the guardian failed to obtain a court approval therefor. We believe not. Like counsel, however, we have been unable to find any precedent for this conclusion in California or elsewhere that we regard as controlling.

In the first place, it was not clear at the time of the making of this lease in 1961 that such prior court approval was required. Although court approval of the terms of a lease of…