Muzzi v. Bel Air Mart
California Court of Appeal
1Opinion of the Court
Opinion
HULL, J.
Defendant Bel Air Mart (Bel Air) is the anchor tenant in a shopping center owned by plaintiffs. After a dispute arose over Bel Air’s use of common areas behind the store, plaintiffs filed suit for declaratory relief. The trial court found that Bel Air violated its lease by placing large seasonal storage containers in the center’s parking spaces. However, the court also concluded that Bel Air’s practice of keeping bread racks and similar items in parking spaces was permissible under lease provisions allowing the use of common areas for the loading and unloading of merchandise.
Pla…
2Cases cited7 opinions
- Bowers v. BernardsCalifornia Court of Appeal · 1984
- Powerine Oil Co., Inc. v. Superior CourtCalifornia Supreme Court · 2005
- Owsley v. HamnerCalifornia Supreme Court · 1951
- Bardis v. OatesCalifornia Court of Appeal · 2004
- Tusher v. GabrielsenCalifornia Court of Appeal · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Chartis Specialty Insurance v. Tesoro Corp.District Court, W.D. Texas · 2015
- Fresno Motors, LLC v. Mercedes-Benz USA, LLCDistrict Court, E.D. California · 2012
- Estate of Kwong CA1/4California Court of Appeal · 2016