Rosano v. Superior Court

Opinion

McDANIEL, J.

In these original proceedings, we address the narrow question, in an action for forcible entry, of whether a tenant is entitled to prove up damages for lost profits allegedly incurred after the expiration of his right to lawful possession.

Facts

Joseph Lee Rosano, petitioner and plaintiff in the underlying action, entered into a service station agreement with Union Oil Company of California (Union), defendant in the underlying action and real party in interest herein, wherein Rosano agreed to lease and operate a service station in Indio, California, for a period of three…