Olympic Auditorium, Inc. v. Superior Court

Olympic Auditorium, a corporation, was defendant in an action of unlawful detainer, the relief demanded by the plaintiff therein being based solely upon the failure of the defendant to pay installments of rent. Judgment went for plaintiffs, whereupon the defendant, acting under the terms of section 1179 of the Code of Civil Procedure, instituted a proceeding for relief from the forfeiture of lease declared in the judgment. Such steps were taken in the proceeding that respondent court made its order granting the application upon the performance of certain conditions by the applicant. The order recited that if the conditions were not performed within a certain time a fur ther order of the court would deny the application. The conditions imposed were many. Specifically, they were not limited to requirements that the applicant should pay the installments of rent due upon the property involved in the application and that it should perform other covenants or conditions named in the lease. The applicant and its receiver, deeming the imposition of the conditions to be beyond the jurisdiction of respondent court, applied to this court for the writ of prohibition, praying that respondent…