Thee Sombrero, Inc. v. Fuentes
Filed 5/1/06 Thee Sombrero, Inc. v. Fuentes CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THEE SOMBRERO, INC., Plaintiff and Respondent, v. JAVIER MENDEZ FUENTES, Defendant and Appellant. | E038559 (Super.Ct.No. SCVSS125942) OPINION |
APPEAL from the Superior Court of San Bernardino County. W. Robert Fawke, Judge. Affirmed.
Law Offices of Ronald Golan and Ronald T. Golan for Defendant and Appellant.
Law Offices of Guinevere M. Malley and Guinevere M. Malley for Plaintiff and Respondent.
Defendant Javier Mendez Fuentes (Fuentes) appeals from a judgment entered in favor of Thee Sombrero, Inc. (TSI) on its cause of action for unlawful detainer. Heasserts (1) that TSI's only witness lied at trial and should not have been believed by the trial court, (2) that the complaint failed to state a cause of action, (3) that TSI failed to comply with the notice requirements of Code of Civil Procedure section 1162,[1] (4) that the trial court failed to rule on certain of his defenses, (5) that the trial court improperly admitted irrelevant hearsay evidence, and (6) that TSI did not demonstrate that it was entitled to an award of attorney fees. We affirm.
Facts and Procedural History
On May 5, 2005, TSI filed a form complaint for unlawful detainer against Fuentes indicating that on January 23, 2004, Fuentes agreed to lease TSI's premises for five years and to pay TSI $10,000 at the beginning of each month, increasing to $11,000 on March 1, 2005. It further alleged that Fuentes had been served, in a manner specified in a written commercial lease between the parties, with a five-day notice to pay rent or quit that expired on May 3, 2005. At the time the notice was sent the amount of rent due was $25,000. The complaint prayed for that amount, reasonable attorney fees under the agreement and damages of $366.66 per day fair rental value from May 1, 2005. The complaint was verified by Henry Aguila (Aguila), president of TSI. The notice to pay rent or quit attached to the complaint listed the address for the rental and indicated that Fuentes had failed to pay â€
