Penilla

Goytino Penilla v. Gerstenkorn

Good Law
1927 Cal. App. LEXIS 313·86 Cal. App. 668·261 P. 488
Court of Appeal of CaliforniaNovember 12, 1927Docket No. 3362.California881 words

Opinion

Lead Opinion

Finch, J.

February 20, 1919, the plaintiffs leased to M. A. Laffey and F. P. Casey, for the term of four years from that date, two vacant lots in the city of Los Angeles on which to maintain and operate an oil and gasoline service station. The lease, which contained no covenant against assignment, gave the lessees “the right of renewing this lease” at the end of the four years. During the year 1922 the defendant acquired the interests of the lessees under the lease and thereafter held possession of the property and conducted a service station thereon up to the time of the trial of this action. The plaintiffs, however, at all times refused to recognize the defendant as a tenant, and they accepted no rent from him. On their refusal to accept payment of rent from him, the defendant regularly, on the 20th of each month as provided in the lease, deposited the monthly rental in a Los Angeles bank to the credit of the plaintiffs. February 14, 1923, the defendant made demand upon the plaintiffs for a renewal of the lease for an additional term of four years. The plaintiffs refused to renew the lease and on March 1, 1923, they commenced this action to recover possession of the premises. The…

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