Farber

Farber v. Greenberg

Caution
1929 Cal. App. LEXIS 700·98 Cal. App. 675·277 P. 534
Court of Appeal of CaliforniaMay 7, 1929Docket No. 3751.California3,145 words

Opinion

Lead Opinion

Preston, J.

Plaintiff brought this action to recover damages from defendant for being evicted by governmental authority from an apartment house occupied by him under a written lease, executed by defendant’s predecessor in ownership.

The complaint is in two causes of action. A general demurrer was interposed to each cause of action upon the ground that said complaint, and each cause of action therein set forth, did not state facts sufficient to constitute a cause of action against defendant. The trial court sustained the demurrer to both causes of action and refused to allow plaintiff to amend, and rendered judgment for defendant. From this judgment the plaintiff, Israel I. Farber, prosecutes this appeal upon the judgment-roll.

The first cause of action is based upon the following facts, which are set forth in the complaint: On July 5, 1919, one Isaac Burkhart was the owner of an apartment house situate in the city of Los Angeles, at 802-804-804% and 806 Temple Street, consisting of six apartments and twelve single rooms, with a cottage in the rear. On the said fifth day of July, 1919, Isaac Burkhart leased and let said apartment house and cottage to Emerson Turner. Said lease is in writing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.