18 Cal. 3d 150, 133 Cal. Rptr. 10, 554 P.2d 330 (1976)
Raymond Johnson and plaintiff Hazel Tenhet owned a parcel of property as joint tenants.1 The deed was executed by Jettie N. Johnson to them as joint tenants.2 The property consisted of a dwelling house and lot.3 Its value did not exceed three thousand five hundred dollars at the time of Johnson's death in 1971.4
Assertedly without plaintiff's knowledge or consent, Johnson leased the property to defendant Boswell.5 The lease was for a period of ten years at a rental of one hundred fifty dollars per year.6 It included a provision granting the lessee an option to purchase.7 Johnson died some three months after execution of the lease.8
Plaintiff sought to establish her sole right to possession of the property as the surviving joint tenant.9 After an unsuccessful demand upon defendant to vacate the premises, plaintiff brought this action to have the lease declared invalid.10 The third amended complaint contained five causes of action.11 The trial court granted a motion to strike the fourth and fifth causes of action.12 It sustained demurrers to the second and third causes without leave to amend.13 But the court made no express ruling on the first cause of action seeking declaratory relief and damages.14 The trial court sustained demurrers to the complaint and entered a judgment of dismissal.15 Plaintiff appealed from the ensuing judgment of dismissal to the Supreme Court of California.16
Whether the appeal should be dismissed because the trial court failed to dispose of all five causes of action under the one final judgment rule?17
Generally an appeal may be taken only from the final judgment in an entire action.18 A party may not appeal from a judgment on one cause of action if determination of any remaining cause is still pending.19 The rule has been modified, however, in cases in which the trial court’s failure to dispose of all causes of action results from inadvertence or mistake rather than an intention to retain the remaining causes for trial.20 In such circumstances the appellate court may itself amend the judgment to include disposition of the undecided cause so that the appeal may proceed.21
No. The trial court granted a motion to strike the fourth and fifth causes of action.22 It sustained demurrers to the second and third causes without leave to amend. Yet the court made no express ruling on the first cause of action seeking declaratory relief and damages.23 The trial court nevertheless left no doubt that it considered the plaintiff’s position insupportable.24
It sustained demurrers on the other causes of action based on identical facts.25 The court expressly agreed with the defendant that a cotenant may make a valid lease to the extent of his own interest.26 The Gombos procedure therefore applies directly to these facts.27 The judgment is amended to rule in favor of defendant on the first cause.28
The appeal is preserved.29 The court may reach the merits without unnecessary delay.30
The appeal should not be dismissed; the judgment is amended to dispose of the first cause of action and the matter proceeds to decision on the substantive issues.31
Whether a lease by one joint tenant of his interest in the property to a third party for a term of years severs the joint tenancy?32
A joint tenancy requires four unities—interest, time, title, and possession—and exists only when the creating instrument expressly declares it; destruction of any unity severs the tenancy and extinguishes the right of survivorship.33 Because the estate arises solely by express intent, a court will not find a severance unless the act clearly and unambiguously demonstrates that a joint tenant intended to terminate the estate; alternative unambiguous methods such as mutual agreement, partition, or conveyance of an entire interest remain available to either tenant.34
No. Raymond Johnson and Hazel Tenhet held the dwelling house and lot as joint tenants under a deed executed by Jettie N.35 Johnson. Johnson then leased the property to Boswell for ten years at one hundred fifty dollars per year with an option to purchase without Tenhet’s knowledge or consent only three months before his death.36 The lease did not convey Johnson’s entire interest, destroy the unity of possession in a manner that unambiguously signaled termination, or accompany any mutual agreement or partition action.
Under the governing rule that only clear intent severs a joint tenancy created by express declaration, the lease left the four unities intact and the joint tenancy continued until Johnson’s death.37
The lease by one joint tenant did not sever the joint tenancy.38
Whether the surviving joint tenant takes the property subject to the lease or free of it upon the death of the lessor joint tenant?39
Upon the death of one joint tenant the survivor takes the whole estate by operation of the right of survivorship.40 Any encumbrance placed by the deceased joint tenant on the property attaches only to the interest that ceases to exist at death.41 Therefore it expires with that interest.42 A lease granted by one joint tenant is valid only during the lessor’s lifetime and to the extent of the lessor’s interest.43 Once that interest extinguishes, the lease cannot bind the surviving joint tenant who takes the unencumbered fee simple.44
No. Johnson died three months after executing the ten-year lease.45 At that moment his interest in the joint tenancy property terminated by operation of law.46 The surviving joint tenant, Hazel Tenhet, therefore took sole ownership free of the lease.47 This is just as a surviving joint tenant takes free of a judgment lien or mortgage that attached only to the deceased tenant’s interest.48
Allowing the lease to survive Johnson’s death would permit one joint tenant to impair the market value and possessory rights of the survivor for up to ninety-nine years.49 This would nullify the very right of survivorship that defines the estate.50 The lease therefore expired upon Johnson’s death.51 Tenhet holds the property unencumbered.52
The surviving joint tenant takes the property free of the lease executed by the deceased joint tenant.53