Legal Opinion

Levitz Furniture Co. of the Pac., Inc. v. Wingtip Commc'ns, Inc.

California Court of Appeal

Decided January 31, 2001No. A090039PublishedCited by 14 opinions

1Opinion of the Court

Opinion

McGUINESS, P. J.

In this case, we consider whether a commercial lessor’s three-day notice to quit or pay, which includes a demand for rent unpaid for more than a year before the notice was served, can support an action for unlawful detainer. We conclude that inclusion of rent due for over a year is not fatal to an unlawful detainer action, if the notice also includes a demand for payment of rent due within a year of the notice.

I. Facts

Levitz Furniture Company of the Pacific, Inc. (Levitz) subleased property in a shopping center to Wingtip Communications, Inc. (Wingtip). On July 30,…

2Cases cited5 opinions

  1. Bevill v. ZouraCalifornia Court of Appeal · 1994
  2. Kwok v. BergrenCalifornia Court of Appeal · 1982
  3. Gage v. BatesCalifornia Supreme Court · 1870
  4. Cal-American Income Property Fund IV v. HoCalifornia Court of Appeal · 1984
  5. Ernst Enterprises Inc. v. Sun Valley Gasoline, Inc.California Court of Appeal · 1983

3Cited by14 opinions

  1. North 7th Street Associates v. ConstanteAppellate Division of the Superior Court of California · 2016
  2. Borsuk v. Super. Ct.California Court of Appeal · 2015
  3. Borsuk v. Superior CourtAppellate Division of the Superior Court of California · 2015
  4. City of Alameda v. SheehanCalifornia Court of Appeal · 2024
  5. Daquioag v. EdwardSuperior Court of Guam · 2012

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