Southard
Salton Community Services District v. Southhard
Opinion
Opinion
Coughlin, J.
Defendants appeal from a judgment upon a directed verdict in favor of plaintiff in an unlawful detainer action.
The judgment, in effect, makes no adjudication; recites the verdict of the jury finding ‘ ‘ plaintiff is entitled to restitution of the premises involved and costs of suit”; but decrees plaintiff “is awarded judgment against defendants ... in the sum of-Dollars ($-), lawful money of the United ’ States,-and for his costs fixed at-Dollars ($-).”
The judgment in the form entered obviously is the product of a clerical error and is subject to correction ex parte. Under these circumstances, it is appropriate to consider the issues raised on the appeal upon the assumption the judgment conforms to the verdict.
In December 1962, plaintiff and defendants executed a written sublease of property in the Saltón Sea area. Defendants were to use the property as concessionaires in the operation of a "bathing beach bath house facility and a short-order, self-service restaurant. ” A pertinent provision of the sublease provided as follows: "Notwithstanding that members of the public shall have access to the subleased premises, there shall be absolutely no house trailers and no camping…