Turell
Turell v. Basic Investments, Inc.
Opinion
Lead Opinion
Fleming, J.
Appellants Turell, and others, appeal an order quashing a writ of execution and vacating a levy on property of respondent Basic Investments, Inc.
On 20 August 1970 appellants leased to respondent for one year a building and lot at 915 W. 5th Street, Azusa, at a rental of $3,450 a month payable in advance. Respondent deposited $6,900 as security for performance of the terms of the lease. 1 Respondent later exercised an option to renew the lease for the period 20 August 1971 to 19 August 1972.
*620 Respondent failed to pay the rent due on 20 August 1971. Appellants gave notice to pay rent or quit, and when payment was not made they filed an unlawful detainer action on 17 September 1971. Their complaint sought forfeiture of the lease, restitution and possession of the premises, damages of $3,450 for rent due and of $115 for each day respondent should continue in possession after 19 September 1971, plus interest, attorneys’ fees, and costs. On 19 October 1971 the trial court granted appellants’ motion to strike respondent’s answer, to enter summary judgment, and to award reasonable attorneys’ fees and costs. Thereafter respondent’s motion to be relieved from forfeiture of…