Palermo v. Stockton Theatres, Inc.

California Supreme Court

Palermo v. Stockton Theatres, Inc.

195 P.2d 10, 32 Cal. 2d 889

CourtCalifornia Supreme Court

DecidedJune 15, 1948

DocketSac. No. 5815

StatusPublished

This text of 195 P.2d 10 (Palermo v. Stockton Theatres, Inc.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palermo v. Stockton Theatres, Inc., 195 P.2d 10, 32 Cal. 2d 889 (Cal. 1948).

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Opinion

SCHAUER, J.

Defendant in this unlawful detainer action (Code Civ. Proc., § 1161(1)) appeals from a judgment ordering that it restore to plaintiff lessor possession of the premises involved in Palermo v. Stockton Theatres, Sac. 5758, ante, p. 53 [195 P.2d 1], in which our opinion has been this day filed. The parties in the two cases are the same.

Defendant lessee is in possession under the lease described in that case, and plaintiff here urges invalidity of such lease on the same grounds as are there advanced in support of his claim for declaratory relief. Our opinion in that case is determinative of this cause. For the reasons therein stated the judgment here appealed from is reversed.

Shenk, J., Edmonds, J., and Spence, J., concurred.

Gibson, C. J., Carter, J., and Traynor, J., concurred in the judgment.

Respondent’s petition for a rehearing was denied July 8, 1948. 1

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