P. v. Fenton CA1/3
Defendant Robert Fenton appeals from a judgment, entered after a bench trial of an unlawful detainer action, awarding the State of California past-due rent, holdover damages, and possession of property under a highway in San Rafael that Fenton had leased from the Department of Transportation (Caltrans). The lease authorized Fenton to use the property only for parking, while a use permit from the City of San Rafael (city) allowed parking on the property in connection with an adjacent business Fenton owned. After he sold the business, the city declared his continued use of the property for parking to be unlawful. The state thus required him to remove all vehicles from the property, and Fenton stopped paying rent. This action followed.
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