SUSAN B. HAYDELL, Plaintiff and Appellant, v. MANUEL SILVA, Defendant and Respondent, 201 Cal. App. 2d 20

Summary

The lessee was the operator of a restaurant and rented the premises under a written lease with the lessor. Under the lease between the parties the lessee's rent was due and payable on the first day of the month. The lessor claimed that rent for a month had not been paid and padlocked the premises the first day of the next month. Posted outside the restaurant premises was a notice of termination of the lease. The lessee brought an action for wrongful termination of a lease, and for the recovery of personal property remaining on the leased premises. The trial court granted judgment in favor of the lessor on his cross-complaint for payment of a promissory note, and against the lessee on her complaint. The court reversed the judgment of the trial court, holding that pursuant to Cal. Civ. Code § 791, the lessor's right of re-entry could only be made at any time after the right had accrued, upon three days' notice. The lessee was not give three days' notice of the lessor's intent to re-enter...