Legal Opinion
Wells Fargo Bank, N.A. v. Bank of America NT&SA
California Court of Appeal
Decided February 16, 1995No. B079817PublishedCited by 45 opinions
1Opinion of the Court
*428Opinion
BOREN, P. J.
The parties contest the enforceability of a “gold clause,” a price-indexing contract clause used to adjust for inflation, which was contained in a 95-year ground lease executed in 1929. Plaintiffs, a small group of family trusts and individuals, are owners and lessors, and defendant is the current tenant and lessee. The parties are successors in interest to the 1929 ground lease of prime real estate in Beverly Hills. The lease provided for an unadjusted monthly base rent of only $2,000.
We hold that although the lease’s gold clause was rendered unenforceable by a 1933…
2Cases cited36 opinions
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Norman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1935
- People v. WoodheadCalifornia Supreme Court · 1987
- Bagdasarian v. GragnonCalifornia Supreme Court · 1948
- Abbott v. City of Los AngelesCalifornia Supreme Court · 1958
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3Cited by45 opinions
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- Wyler Summit Partnership, a Partnership v. Turner Broadcasting System, Inc., a Georgia Corporation Turner Entertainment Co., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 2000
- 216 Jamaica Avenue, LLC v. S & R Playhouse Realty Co.Court of Appeals for the Sixth Circuit · 2008
- Krotin v. Porsche Cars North America, Inc.California Court of Appeal · 1995
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