De Noyelles v. Thornburgh

Plaintiff is the lessee and defendant Thomas Thornburgh is the lessor 1 under a lease of a suite of rooms in a business building located in Pomona, California. The lease was for the purpose of conducting in the demised premises the business of “Bail Bonds and Insurance Adjusting.” Among other provisions, the lease—a printed form in common use in this area—contained the following provision:

Plaintiff placed on the inside of the front window of the premises a neon sign advertising his bail bond business. Defendant objected and plaintiff brought the instant action for declaratory relief to determine whether or not his sign violated the quoted provision of the lease. Defendant cross-complained for his attorney fees and costs, relying on the provisions of paragraph 16 of the lease. 2 The trial court found in favor of plaintiff and entered judgment as follows:

The record contains a great deal of evidence bearing on the issue of whether or not defendant had consented (although not in writing) to the sign in question and whether or not, since he had made no formal demand for its removal until after it had been in place for two years, he was estopped now to object. Since we agree with…