Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)

Citation: Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)
Parent Document: Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)
Jurisdiction: California (state)
Effective Date: 1982-12-14
Original Source: https://www.courtlistener.com/opinion/2120629/custom-parking-inc-v-superior-court/ ↗

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“In the case at bench if lessees had been permitted to litigate their claim of damages from lessors’ breach of covenant to repair, the summary nature of the unlawful detainer procedure would have been destroyed. There would have been injected into the action issues of whether or not lessees properly notified the lessors of the need for repairs, whether the repairs were in fact needed, whether or not lessors failed to repair within a reasonable time, the nature and extent of the damages resulting from the failure to repair, whether or not lessees took proper measures to mitigate damages, the reasonable cost of making the required repairs, and whether or not lessees had the means to have the repairs made themselves. By contrast, no reason appears why lessees’ alternative remedies to recover damages for lessors’ alleged breach were inadequate.” (Schulman v. Vera, supra,

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