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LEVITZ FURNITURE v. WINGTIP COMMUNICATIONS

No. A090039.

103 Cal.Rptr.2d 656 (2001)

86 Cal.App.4th 1035

LEVITZ FURNITURE COMPANY OF THE PACIFIC, INC., Plaintiff and Appellant, v. WINGTIP COMMUNICATIONS, INC., Defendant and Respondent.

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

Review Denied May 2, 2001.

Attorney(s) appearing for the Case

Thelen Reid & Priest, Daven G. Lowhurst, and Scott E. Hennigh, San Francisco, for Plaintiff and Appellant.

McNichols, Randick, O'Dea & Tooliatos and Phillip G. Vermont, Pleasanton, for Defendant and Respondent.

McGUINESS, P.J.

In this case, we consider whether a commercial lessor's three-day notice to quit or pay, which includes a demand for rent unpaid for more than a year before the notice was served, can support an action for unlawful detainer. We conclude that inclusion of rent due for over a year is not fatal to an unlawful detainer action, if the notice also includes a demand for payment of rent due within a year of the notice.

I. FACTS

Levitz Furniture...

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