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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       Fifteen years after the lease was signed, the landlord demanded the tenant obtain
renter’s insurance. But, although said insurance was a term of the lease, the absence of it
did not impact the landlord’s profit margin or, in any way, increase the landlord’s
exposure to liability. Indeed, the purpose of the insurance was to protect the tenant, not
the landlord.4
       The landlord served the three-day notice by posting it on February 14, 2014—a
Friday. Given the following two days constituted a weekend, it is reasonable to conclude
the options of open and available rental insurance companies were limited. In any event,
the tenant’s compliance was a mere four days after the three–day notice expired.
       The tenant was prejudiced by the trial court’s error because, based on the record,
this was not a close case when it came to triviality. Setting aside what could have been
the unseemly motives of the landlord, if any breach of a lease is immaterial, it appears to
be the breach in this case. I would reverse the judgment.

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