Legal Opinion
ASP Properties Group, L.P. v. Fard, Inc.
California Court of Appeal
Decided October 5, 2005No. D044896PublishedCited by 72 opinions
1Opinion of the Court
Opinion
McDONALD, J.
Plaintiff ASP Properties Group, L.P. (Landlord) appeals a judgment in favor of defendant Fard, Inc. (Tenant) in Landlord’s unlawful detainer action against Tenant. On appeal, Landlord contends: the trial court erred in (1) interpreting the lease and its amendment as not requiring Tenant to install new roofs; and (2) allowing Tenant to rely on affirmative defenses not pleaded in its answer.
FACTUAL AND PROCEDURAL BACKGROUND
On March 19, 1997, Jim Lin (Landlord’s predecessor-in-interest) and Tenant entered into a 10-year lease (Lease) for certain commercial property located on…
2Cases cited28 opinions
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- Davey v. Southern Pacific Co.California Supreme Court · 1897
- Winet v. PriceCalifornia Court of Appeal · 1992
- Howard v. Owens CorningCalifornia Court of Appeal · 1999
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3Cited by72 opinions
- Whittlestone, Inc. v. Handi-Craft Co.Court of Appeals for the Ninth Circuit · 2010
- Halicki Films, LLC v. Sanderson Sales & MarketingCourt of Appeals for the Ninth Circuit · 2008
- SCO Group, Inc. v. Novell, Inc.Court of Appeals for the Tenth Circuit · 2009
- Smith v. Adventist Health System/WestCalifornia Court of Appeal · 2010
- People v. PerkinsCalifornia Court of Appeal · 2016
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