Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

Full Text

1,157 chars

Defendant on appeal points out that “an anti-waiver provision can be waived.” We
agree that an anti-waiver clause may, itself, be waived, but such a “provision would militate
against a finding of waiver under most circumstances.” (Gould v. Corinthian Colleges, Inc.
(2011) 192 Cal.App.4th 1176, 1180 [holding a finding that waiver failed to occur based on an
anti-waiver clause would have been “absurd, not to mention unconscionable”].) Defendant
does not elaborate how the express terms of the agreement’s anti-waiver clause could have been
waived in the present case. “‘Where any error is relied on for a reversal it is not sufficient for
appellant to point to the error and rest there.’ [Citation.]” (In re Marriage of McLaughlin
(2000) 82 Cal.App.4th 327, 337.) “An appellate court is not required to examine undeveloped
claims, nor to make arguments for parties. [Citation.]” (Paterno v. State of California (1999)
74 Cal.App.4th 68, 106.) We conclude defendant has failed to demonstrate the court erred in
barring him from defending the case due to plaintiff’s waiver in accepting rent. [The balance of the Opinion is to be published.] IV. DISPOSITION

Other Sections in This Document (72)

Full Text