Gould v. Corinthian Colleges, Inc.

Opinion

GILBERT, P. J.

A lease contains an antiwaiver provision. Yet, we conclude the lessor waived certain rights under the lease, even if the antiwaiver provision applies. There is a simple explanation for this seeming paradox. Lessor, the party arguing waiver, waived the clause prohibiting waiver.

This case arises from a commercial lease. The lease contains an early termination provision allowing the lessee to terminate the lease prior to the *1178end of the term. Lessor seeks a declaration that lessee did not properly exercise its early termination right, and thus lessee’s obligations under the…