Legal Opinion

Fifth & Broadway Partnership v. Kimny, Inc.

California Court of Appeal

Decided February 15, 1980No. Civ. 57260PublishedCited by 26 opinions

1Opinion of the Court

Opinion

LILLIE, Acting P. J.

In this unlawful detainer action, a subtenant appeals from judgment entered against it and in favor of the plaintiff for restitution of the premises and treble damages. (Code Civ. Proc., § 1174.)

As best we can ascertain, appellant makes the following contentions: (1) the trial court was without jurisdiction to enter judgment against it; (2) the action does not lie because plaintiff failed to give the tenant 90 days’ notice of default it claims is required by the master lease; (3) the statutory 3-day notice to pay rent or quit the premises was defective; (4) there…

2Cases cited19 opinions

  1. Simon v. City & County of San FranciscoCalifornia Court of Appeal · 1947
  2. Fazzi v. PetersCalifornia Supreme Court · 1968
  3. Seidell v. Anglo-California Trust Co.California Court of Appeal · 1942
  4. Buck v. MorrossisCalifornia Court of Appeal · 1952
  5. Nork v. Pacific Coast Medical Enterprises, Inc.California Court of Appeal · 1977

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Fragomeno v. Insurance Co. of the WestCalifornia Court of Appeal · 1989
  2. Kwok v. BergrenCalifornia Court of Appeal · 1982
  3. Syufy Enterprises v. City of OaklandCalifornia Court of Appeal · 2002
  4. McKeon v. Hastings College of the LawCalifornia Court of Appeal · 1986
  5. Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc.California Court of Appeal · 2007

21 more not listed; retrieve them via the Exa API.

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