Cal-American Income Property Fund IV v. Ho

Opinion

KINGSLEY, J.

—On December 1, 1977, the parties entered into a lease for a portion of a shopping complex for the purpose of defendant conducting thereon a restaurant. That lease called for a fixed “rent” and also contained several covenants, of which two are herein involved. Paragraph 7 required the tenant (defendant) to pay real estate taxes assessed against the demised property, and paragraph 20 required the tenant to pay her proportionate share of the cost of maintaining the common areas of the shopping center in which the demised property was located.

Defendant became in default both…