Kendall v. Ernest Pestana, Inc.

Opinion

BROUSSARD, J.

This case concerns the effect of a provision in a commercial lease1 that the lessee may not assign the lease or sublet the premises without the lessor’s prior written consent, The question we address is whether, in the absence of a provision that such consent will not be unreasonably withheld, a lessor may unreasonably and arbitrarily withhold his or her consent to an assignment.2 This is a question of first impression in this court.

*493I.

This case arises on appeal from an order sustaining a demurrer without leave to amend.3 We review the allegations of the complaint applying…