Walt

Petitioners Franklin C. Walt et al., are plaintiffs in an action filed against real party in interest John J. Clement concerning a commercial lease of real property. Summary adjudication of issues was granted in favor of Clement as to three of the four causes of action alleged in the complaint. Petitioners seek a writ of mandate commanding the superior court to set aside its order granting Clement’s motion for summary adjudication.

Factual Background

On April 4, 1984, petitioners as owners of commercial property in Sonoma County, entered into a written lease agreement with Clement for a term of five years extending through May 14, 1989. Commencing in May 1986 and continuing through November 1986, Clement failed to make his monthly rental payment. On November 24, 1986, petitioners served upon Clement a three-day notice to pay rent in full or quit which demanded $25,603.68 in past due rent or surrender of the premises. The notice stated, “You Are Further Notified That, the undersigned does hereby elect to declare the forfeiture of your Lease Agreement under which you hold possession of the above-described premsises [szc], and (Landlord) will institute legal proceedings to…