Brown v. Winn
In this unlawful detainer action, defendant Michael Winn appeals both the judgment entered against him and the court's order denying his motion for new trial. This case arose after Winn rented two houses located at 940 and 950 Stratford Court (together the Del Mar property) in Del Mar, California. The Del Mar property was the principal asset of the Dorothy McKinnon Brown Trust (the trust). In 1994 Winn and the trustee of the trust, Mark Brown (Mark),[1]entered into a written lease agreement, the two-year term of which commenced on April 15, 1994, under which Winn would pay the specified monthly rent to Mark's brother, Geoffrey Brown (Geoff), who was the beneficiary of the income of the trust. Winn lived in the smaller house and sublet the larger house. Upon the expiration of the two year lease, Winn rented the Del Mar property on a month to month basis without a written lease pursuant to the "Holding Over" clause in paragraph 17 of the written lease. The judgment and order denying Winn's new trial motion are affirmed.
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