PALERMO v. STOCKTON THEATRES (1946)

This is an appeal from a judgment for plaintiff lessor in an unlawful detainer action based on the fact that the defendant corporation, of which a majority of the stockholders were alien nationals of Japan ineligible to citizenship in this country, was in possession under a lease which was executed subsequent to the abrogation of the treaty between the United States and Japan, 37 Stat. 1504, under the provisions of which and of the California Alien Land Act, Gen.Laws, Act 261, said nationals were given limited rights to take leases of land in California for commercial purposes.

It is a companion case to the one of the same name, Sac. No. 5758, Civ. No. 7241, 172 P.2d 103.

By stipulation of the parties it was agreed that this appeal would be submitted on the briefs on file in the aforementioned case, and that the decision therein likewise would be determinative of this cause. In that case we held that the lease did not violate the California Alien Land Act and was not otherwise invalid, and reversed the judgment as entered by the trial court.

For the foregoing reasons the judgment is reversed.

I concur in the judgment for the additional reason assigned in my concurring opinion in the companion case numbered 7241, and also entitled ‘Emil Palermo v. Stockton Theatres, Inc.,’ in which a decision of this court was this day filed.

PEEK, Justice.

ADAMS, P. J., concurs.