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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (72)

Full Text

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The trial court erred by ruling that, solely because the lease allowed for forfeiture
based on “any” breach, it was unnecessary for the landlord to prove the breach was
material in order to prevail on his unlawful detainer action. The court’s error was
prejudicial because, if a trier of fact had applied the law defining a “material breach” to
the undisputed facts of the case, it is reasonably probable, and indeed quite likely, a trier
of fact would have determined the breach was not material.