Exculpation Clause Works - Court Limits Tenant Claims
1/6/2012 - Lindsay Petrone
Commercial landlords and tenants could be materially impacted by a case recently decided by the Court of Appeal. In Frattelli v. 350 North Canon Drive, LP, the Tenant (Frattelli) brought numerous claims against the Landlord (350 North Canon Drive LP) based on Frattelli’s allegations that the Landlord’s shopping center renovations made it impossible for Frattelli to operate its business in the leased premises. The Court of Appeal found for the Landlord and upheld the lower court decision that an exculpatory clause in a commercial lease protected the Landlord from liability even if the Landlord acted negligently under the lease. (2011…
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It’s Over: Supreme Court Rules Against Redevelopment
12/29/2011 - Andrew J. Junius
Back in July we reported that Governor Brown signed bills ABX1 26 and 27 into law, which required Redevelopment agencies to make “voluntary” contributions to the state or else be eliminated. The California Redevelopment Association (CRA) challenged, and the matter went to the California Supreme Court. For those that haven’t seen the news on the internet today (and that will be in tomorrow’s paper), in a devastating loss for state Redevelopment Agencies, the Supreme Court ruled that AB 26 is legal (i.e. the legislature can eliminate Redevelopment Agencies) and that AB 27 is illegal (i.e. legislation cannot take redevelopment for…
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