Feder v. Wreden Packing Etc. Co. Inc

In Feder v. Wreden Packing Etc. Co. Inc. (1928) 89 Cal.App. 665, the landlord plaintiffs served the tenant defendant with a notice alleging the defendant had violated the lease by submitting inaccurate invoices, which were used to calculate rent. (Id., at pp. 668-669.) The notice did not specify an amount of rent due, nor did it provide the defendant with an opportunity to perform. (Id., at pp. 670-671.) This division held the notice insufficient because it failed to comply with section 1161, and reversed the judgment in favor of the landlord plaintiffs. (Id., at pp. 671, 672-673.) The court explained that the notice "simply demands immediate possession of the premises, and bases this demand upon the claim that the defendant had violated certain provisions of the lease regarding invoicing. There is no claim made in the notice that by reason of the alleged violation of these provisions that the plaintiffs had not received the full rental they were entitled to under the lease or that there were any rentals remaining unpaid from the defendant to the plaintiffs by reason of the inaccurate invoices . . . . Clearly, the provisions in the lease for bookkeeping and the invoicing of merchandise were of no importance to the defendant, except in so far as these methods of conducting the business would the better enable the computation of the profit for the purpose of determining the monthly rental to be paid." (Id., at pp. 670-671.) Further, the court explained that, because the inaccurate invoices could be fixed, the defendant "was clearly entitled to a demand in the alternative as provided in section 1161 . . . , before respondent would have the right to declare a forfeiture. To hold otherwise would do violence to a principle of law that has long been accepted as axiomatic--the law abhors forfeitures." (Id., at pp. 672-673.)