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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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By ruling all breaches, regardless of materiality, warranted forfeiture of the lease,
the trial court improperly removed the issue from the trial. The question then becomes
whether the court’s error was prejudicial. (Cal. Const., art. VI, § 13 [judgment cannot be
reversed unless trial court error resulted in a miscarriage of justice]; Pool v. City of
Oakland (1986) 42 Cal.3d 1051, 1069 [prejudice exists if there is a reasonable probability
a result more favorable to the appealing party would have been reached in the absence of
the error].) Given the undisputed facts, it was.