American National Insurance v. Continental Parking Corp.

Unlawful detainer. Defendant Continental Parking Corporation, the lessee, appeals from a judgment for money damages and possession in favor of plaintiff American National Insurance Company, the lessor.

*263 Facts

In March 1970, plaintiff lessor and defendant lessee entered into a 25-year written lease for a multi-level parking structure located at 534 South Spring Street in Los Angeles. 1 The monthly rental was about $18,333. Defendant took possession in April 1970.

In June 1972, plaintiff lessor served a three-day notice to pay rent or quit on defendant, demanding rent for June. Defendant neither paid nor quit. That month, plaintiff filed a complaint for unlawful detainer, seeking restitution of the premises and damages. Plaintiff did not seek a forfeiture of the lease. On November 17, 1972, a receiver was appointed and took possession of the premises.

Defendant’s answer admitted most of plaintiff’s allegations but alleged as affirmative defenses, first, “mutual mistake,” in that the parties expected “Spring Street occupancy” to remain the same but instead occupancy declined drastically, and, second, that the parties agreed that the lease would be renegotiated or…