Andrews

Andrews v. Mobile Aire Estates

Good Law
125 Cal. App. 4th 578·2005 Cal. App. LEXIS 5·2005 Daily Journal DAR 112·22 Cal. Rptr. 3d 832·2005 Cal. Daily Op. Serv. 91
Court of Appeal of CaliforniaJanuary 4, 2005B166491California6,327 words

Opinion

Opinion

Klein, J.

Plaintiffs and appellants Joel Andrews and Telma Maria Andrews appeal a judgment following a grant of summary judgment in favor of defendants and respondents Mobile Aire Estates (Mobile Aire), Sierra Management LLC (Sierra), and William McGregor-Leyland (Leyland), Valerie Parker (Parker), Jose De Jesus (De Jesus), Christian Tovar (Tovar), Christa De La Parra (De La Parra) and Janis Miller (Miller) (the individual defendants) (collectively, defendants).

The Andrewses, the lessees of a space at a mobilehome park, sued the park owner, Mobile Aire, for breach of written contract, alleging Mobile Aire breached the lease by failing to take any action against a troublesome neighbor, William Molyneux (Molyneux), the lessee of an adjacent space at the park.

The trial court disposed of the breach of contract claim on the ground Mobile Aire did not owe the Andrewses a duty to evict Molyneux.

Inherent in the Andrewses’ lease agreement with Mobile Aire was the implied covenant of quiet enjoyment (Civ. Code, § 1927), giving rise to a contractual duty in Mobile Aire to preserve their quiet enjoyment. The lease agreement, at paragraph 6.2, also expressly provided: “We will try to…

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