Fillmore Senior Center v. City of Fillmore CA2/6
Fillmore Senior Center, Inc. (FSCI), a senior citizens organization, leased a building from the City of Fillmore (City) pursuant to a written commercial lease agreement. The lease provided that either party may terminate the lease upon the giving of 180 days written notice. Nineteen years after entering into the lease, the City gave timely written notice of termination. The notice failed to include statutory language advising FSCI of its right to reclaim abandoned personal property. (Civ. Code, § 1946.) At no point in the proceedings did FSCI claim any loss of personal property. Section 1946 was specifically mentioned only after the City moved for summary judgment. Subsequently, FSCI amended its complaint to allege that “[n]o lawful notice [of the termination] was provided to [FSCI],” and the parties addressed the application of section 1946 in their trial briefs. The trial court, which held a bench trial on FSCI’s amended complaint, did not address the section 1946 is
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