Moselle Coach Works Inc. - 1970s-1983 - Canoga, Park, California
Moselle also built a Mercedes 540 K neoclassic using a Ford Thunderbird? drivetrain in the late 1970s early 1980s.
Known Cadillac limousine builder in the early 1980s who had some trouble paying their rent in 1983 and probably went out of business at the same time.
Sued in California Appellate Court in 1983 by Fish Construction Co. for
non-payment of rent due on a lease. See case # 148 Cal.App.3d 654 -
FISH CONSTRUCTION CO. v. MOSELLE COACH WORKS, INC.
Defendants, as lessees of plaintiff, appeal from the judgment awarding plaintiff the sum of $20,500, plus $1,200 attorney's fees, $157 costs, restitution of certain commercial premises, and a forfeiture of the written lease on said premises. Defendants contend that there is insufficient evidence to support the trial court's implied finding that defendants had not relinquished possession of the premises. That being so, they contend that they were denied the opportunity to present evidence on their pleaded affirmative defense that the leased premises were not maintained in a safe and secure manner and on their pleaded denial that plaintiff had performed all covenants of the lease agreement. We agree and reverse.
The action against defendants was commenced as an unlawful detainer proceeding based on the failure of defendants to pay rent when due under a four-year written lease. Defendants answered, and the case was given a preferential trial date as required by Code of Civil Procedure section 1179a.
The defendants' answer admitted that the rent claimed to be due in the three-day notice to pay rent or quit was in fact due and that the defendants had not paid the rent since the unlawful detainer complaint was filed. The answer also admitted defendants were still in possession of the property.
Defendants claimed to have vacated the leased premises one day before trial and to have delivered the keys to plaintiff's lawyer with a letter advising plaintiff that defendants no longer claimed possession of the premises. Plaintiff's lawyer admitted having received the keys and the letter on the day before trial, but told the court he wasn't certain whether the keys were those for the leased premises.
The defendants offered no direct evidence that the premises were vacant. The plaintiff's president, when told by his lawyer of the receipt of the keys and of the statements contained in defendants' letter, testified that he did not go to the premises to see if they had been vacated.
The trial court, in its judgment restoring possession to plaintiff, impliedly found that defendants had not relinquished possession the day prior to trial, and therefore by law the court was not permitted to consider the defenses that plaintiff had not performed an express covenant of the lease and that the premises had not been maintained in a safe and secure manner. Defendants' request for a statement of decision was denied because the trial lasted less than one day and no request for such a statement had been made prior to submission of the case for decision. (Code Civ. Proc., § 632.) [148 Cal.App.3d 658]
Before commencement of trial, defendants had requested that the matter be placed off calendar and reset as an ordinary civil case because possession had been restored to the lessor. Defendants' motion was denied by the trial judge.
For more information please read:
Marian Suman-Hreblay - Dictionary of World Coachbuilders and Car Stylists ISBN 8096897403
Daniel D. Hutchins - Wheels Across America: Carriage Art & Craftsmanship
Beverly Rae Kimes, Henry Austin Clark Jr. - Standard Catalog of American Cars 1805-1942
Michael L. Bromley & Tom Mazza - Stretching It: The story of the Limousine
G.N. Georgano & G. Marshall Naul - The Complete Encyclopedia of Commercial Vehicles
Albert Mroz - Illustrated Encyclopedia of American Trucks & Commercial Vehicles
Dennis Miller - The Illustrated Encyclopedia of Trucks and Buses
Ed Strauss, Karen Strauss - Bus World Encyclopedia of Buses
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