New CA Landlord-Tenant Case
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Start 2023 strong by knowing and applying the new 2022 civil case law in your practice areas. Make 2023 your best law practice year yet
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Below is a free sample of one of my new civil case summaries.
How Long Can Commerical Leases Last?
Are there limits on how long commercial leases can last? Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.
New CA Landlord-Tenant Decision
Tufeld Corp. v. Beverly Hills Gateway, L.P. (2022) _ Cal.App.5th _ , 2022 WL 17482205: The Court of Appeal affirmed in part, and reversed in part, the trial court’s judgment, following a bench trial, concluding that an amended commercial real property lease executed in 1960 and now ending in 2123 was void under Civil Code section 718 to the extent its term exceeded 99 years. Because the lease was void, the trial court concluded that defendant tenant could not maintain its estoppel, laches, and waiver defenses. However, to avoid an unnecessary retrial in the event of an appellate reversal, the trial court addressed the merits of defendant’s equitable defenses and held that if estoppel, laches, and waiver were available, then the facts of the case would compel their application, requiring full enforcement of the ground lease term through 2123. Ruling on an issue of first impression, the Court of Appeal stated that the main issue on appeal was whether a lease that violates section 718 is void or voidable. It would make a difference in this case because if the lease was voidable, defendant could assert equitable defenses against plaintiff landlord’s claims for declaratory relief. The Court of Appeal concluded the part of the lease exceeding 99 years was void. (C.A. 2nd, December 7, 2022.)
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Published early each January with our short civil case summaries, organized by legal topic, of every new civil case published each year in these practice areas, with the official case citations.
California Case Summaries Quarterly™: short summaries, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations.
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Monty A. McIntyre, Esq.
California Case Summaries™
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CA Civil Trial Attorney Since 1980
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