FOLBERG v. CLARA G.R. KINNEY CO.

Docket No. 47478.

104 Cal.App.3d 136 (1980)

163 Cal. Rptr. 426

HARRY FOLBERG et al., Plaintiffs and Appellants, v. CLARA G.R. KINNEY COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

April 2, 1980.


Attorney(s) appearing for the Case

COUNSEL

Gary L. Olimpia, Patricia D. Daniel and Kelly, Leal & Olimpia for Plaintiffs and Appellants.

Thomas L. Fike, Betty B. Bennett and Strellis & Fike for Defendant and Respondent.


OPINION

CHRISTIAN, J.

Harry Folberg and Vivian Folberg (lessors) sued Clara G.R. Kinney Company, Inc. (lessee) seeking restitution of leased premises and damages for unpaid public improvement assessments in the sum of $4,328.60. The court granted a motion by Kinney for summary judgment and dismissed the complaint. Lessors appealed.

Respondent has been a tenant on the property located at 3380 El Camino Real, Santa Clara, California...

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