Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc.

*482Opinion

O’LEARY, J.

Mitchell Land and Improvement Co. (Mitchell) brought an unlawful detainer action (Code Civ. Proc., § 1161 et seq.) against its lessee, Ristorante Ferrantelli, Inc. (Ferrantelli), based on alleged violations of a lease provision requiring the premises only be used for lawful purposes. Mitchell contended Ferrantelli had erected an outdoor tent and firepit in a patio dining area without proper permits. Mitchell later voluntarily dismissed its action after Ferrantelli filed a motion for summary judgment. Mitchell appeals from the trial court’s subsequent order awarding…