Lee v. Placer Title Co.

Opinion

SPARKS, J.

Defendant Placer Title Company leased space in a shopping center owned by plaintiffs Phillip and Judy Lee. Defendant stopped paying rent and vacated the premises, claiming fumes from an adjoining dry cleaning business made its office unusable. Plaintiffs filed a complaint for rent owing on the remainder of the lease. When the court ruled the terms of the lease precluded defendant from asserting a defense based on a constructive eviction theory, the parties entered into a stipulated agreement, allowing judgment to be entered in favor of plaintiffs and permitting defendant to…