Meline v. Dadson Washer Service
Defendant, appeals from the judgment following the granting of a motion for summary judgment in favor of plaintiff and respondent, Ray Meline (Meline). Meline is the owner of an apartment building. Dadson purports to have a leasehold estate in the apartment building to operate a coin operated laundry business having its initial source in a written 1983 lease agreement, recorded in the office of the county recorder for Los Angeles County. Dadsons current claim of entitlement to a leasehold estate has its source in a 1995 unrecorded written lease of the premises, in existence when Meline purchased the property on December 21, 1998. Meline deemed it to his advantage to terminate Dadsons leasehold estate and gave notice of termination in accordance with the 1983 leasehold agreement, which Meline maintains would terminate Dadsons leasehold as of September 10, 2005. Dadsons claim of entitlement is based on the theory that Meline was obligated to discover the unrecorded written lease dated in 1995 and terminate the tenancy therewith, relying on the doctrine that an unrecorded lease is binding upon a party who has actual or constructive notice of the lease, and Meline having failed to give such notice, Dadson is entitled to occupy the premises under the 1995 lease until the year 2025. The trial court entered summary judgment for Meline following the filing of his complaint for declaratory relief. For the reasons hereafter given, Court reverse the judgment.
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