California Court of Appeal

In a suit by a lender against the borrower's guarantor for the balance due on a commercial property loan that was only fully recourse if the lease was terminated by the tenant, the judgment and the post-judgment order for attorney's fees and costs are reversed and the cause is remanded to the trial court with directions to grant the borrower's motion for summary judgment, where: 1) although the tenant breached the lease by nonpayment and abandonment, under the plain language of the lease, neither the tenant's failure to pay rent nor its abandonment of the property terminated the lease; and 2) the leases satisfied Civil Code Section 1951.4's antitermination provision.

Appellate Information

• Decided 03/29/2012
• Published 03/29/2012

Judges

• Rothschild

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Boies, Schiller & Flexner, Duane Morris