Peoples National Bank v. Birney's Enterprises, Inc.

Birney's Enterprises, Inc., appeals a judgment and an order for writ of restitution in favor of Peoples National Bank in this unlawful detainer action. Birney's claims that it has the right to possession under an unrecorded 20-year lease. The dispositive issue is whether the Bank had a duty, when it acquired its interest in the property, to make an inquiry that would have disclosed the lease. The trial court held that the Bank had no such duty. We reverse.

We pause here to issue a warning. Although formal written findings of fact were prepared and presented by the Bank's attorney, 1…