Section 1942

Citation: Section 1942
Parent Document: Knight v. Hallsthammar, 623 P.2d 268 (1981)
Jurisdiction: California (state)
Effective Date: 1981-02-13
Original Source: https://www.courtlistener.com/opinion/1241155/knight-v-hallsthammar/ ↗

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All parties rely on Standard Livestock Co. v. Pentz (1928) 204 Cal. 618 [269 P. 645, 62 A.L.R. 1239], which dealt with an implied covenant of quiet enjoyment in a lease. There, the court stated that Civil Code section 823 "by its terms relates to `remedies' as distinguished from `rights' and when so considered its meaning is clear. The remedy which a lessee of premises has against the lessor, or his assigns, for an accrued or already created breach of any agreement in the lease passes to the lessee's assigns, and may be asserted by the latter against the lessor or his assigns. The two exceptions expressed in the section are that accrued remedies for already ripened breaches of covenants against encumbrances or relating to the title or possession of the premises do not so pass but remain with the original lessee. But neither of these exceptions nor in fact the section as a whole has any reference to breaches of the lease which have not occurred, nor to remedies therefor which have not arisen prior to the assignment of the lease. The assignment of a lease when legally accomplished transfers to the assignee thereof the right to the enforcement of every unbroken covenant which the lease contains, but does not transfer those ripened choses in action which come within the exceptions in the ... code...." (Id., at pp. 629-630.)

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