Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Case Notes

By ssalkin
August 01, 2019

Failure to Read Lease is Not Fatal to Claim

The Court of Appeal of California, Sixth Appellate District, has upheld a jury verdict in favor of a tenant who was fraudulently induced to enter into a lease by the leasing agent's false assurances that the shopping center landlord did not have and did not anticipate having restaurant tenants that would compete with the tenant's restaurant. Orozco v. WPV San Jose, LLC, 2019 Cal. App. LEXIS 553 (7/17/2019).

Tenant Paul Orozco leased a restaurant space for his Pauly's Famous Franks N Fries in a shopping center in San Jose named The Plant. Before signing his 10-year lease, Orozco asked the leasing manager on several occasions whether restaurants with similar offerings were being considered as tenants in The Plant. The leasing manager said that no similar restaurants were being considered, even though she was at that time in negotiations with another restaurant, Al's Beef, which was a national franchise selling hot beef sandwiches, hot dogs and french fries. In fact, before Orozco signed his lease, a lease with the Al's Beef franchise had already been fully executed. The leasing manager said nothing about this development to Orozco, who signed the lease without fully reading it. Buried in the lease were multiple provisions stating that the landlord had made no promises to Orozco and his business, Solid Restaurant Ventures, as to products offered by current or future tenants of The Plant.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.