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MITCHELL LAND AND IMPROVEMENT CO. v. RISTORANTE FERRANTELLI, INC.

No. G037944.

70 Cal.Rptr.3d 9 (2007)

158 Cal.App.4th 479

MITCHELL LAND AND IMPROVEMENT CO., Plaintiff and Appellant, v. RISTORANTE FERRANTELLI, INC., Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

November 26, 2007.

Attorney(s) appearing for the Case

Stradling Yocca Carlson & Rauth, Donald J. Hamman, Peter Wucetich, Newport Beach, and David J. Sarnoff for Plaintiff and Appellant.

Samuels, Green Steel & Adams, LLP, Philip W. Green and Jeanne U. Vu, Irvine, for Defendant and Respondent.

OPINION

OLEARY, J.

Mitchell Land and Improvement Co. (Mitchell), brought an unlawful detainer action (Code Civ. Proc., § 1161 et seq.), against its lessee, Ristorante Ferrantelli, Inc. (Ferrantelli), based on alleged violations of a lease provision requiring the premises only be used for lawful purposes. Mitchell contended Ferrantelli had erected an outdoor tent and fire pit in a patio dining area without...

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