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/ ↗

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        “Decisions of the courts of other states are regarded as persuasive in varying degrees
depending on the point involved.” (9 Witkin, Cal.Procedure (4th ed. 1997) Appeal, § 940, p.
980.) There are no California cases addressing the propriety of forfeiting a lease (as opposed to
another type of contract) solely based on the tenant’s trivial breach.
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         In a footnote, the Arizona Supreme Court cited cases from various jurisdictions holding,
in a variety of circumstances, that materiality was a factor in determining whether forfeiture was
warranted. (Foundation, supra, 163 Ariz. at p. 445, fn. 10.) Those jurisdictions included, the
First Circuit Court of Appeals, California, Connecticut, Georgia, Illinois, Iowa, Kansas,
Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York,
Ohio, Pennsylvania, Tennessee, Texas, Vermont, Virginia, and Wisconsin. (Ibid.)

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