Valley Business Park v. BBB Industries
Filed 6/13/06 Valley Business Park v. BBB Industries CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| VALLEY BUSINESS PARK, Plaintiff and Appellant, v. BBB INDUSTRIES, Defendant and Respondent. | G035674 (Super. Ct. No. 02CC11411) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Steven L. Perk, Judge. Affirmed.
Kinkle, Rodiger & Spriggs, Daniel S. Alderman and Allison R. Hilgers for Plaintiff and Appellant.
Hewitt & O'Neil, William E. Halle and Amy W. Larkin for Defendant and Respondent.
Valley Business Park (VBP) filed an unlawful detainer action against its tenant Pacific Alternator & Starter, Inc., after Pacific's business failed and it failed to pay rent. VBP also named as a defendant BBB Industries (BBB), a company that had purchased Pacific's equipment and inventory and had accessed the premises with Pacific's permission so as to remove the personal property it had bought. BBB answered the unlawful detainer complaint denying it had ever been in possession of the premises, or had ever claimed a right to possess the premises. The trial court granted summary judgment for BBB, finding there was no evidence of a landlord-tenant or other predicate relationship between VBP and BBB. On appeal, VBP contends there are triable issues of fact as to whether BBB is a proper party and whether BBB was otherwise liable for Pacific's unpaid rent obligations. We affirm the trial court's judgment.
FACTS AND PROCEDURE
On July 2, 2002, VBP filed the instant unlawful detainer action naming as defendants Pacific, PAS Acquisition, Inc., and BBB. Pacific was in the business of remanufacturing automotive alternators and starters. BBB was one of Pacific's competitors. VBP's form complaint alleged it had entered into a written lease with Pacific and PAS (the latter was apparently assignee of the original lease with Pacific, and hereafter Pacific and PAS will be referred to collectively and in the singular as Pacific) for the premises for a monthly rent of $17,994. BBB was identified in paragraph 6(c) of the complaint, not as a subtenant or assignee, but as an â€
