Property Law Keyed to Singer
Kendall v. Ernest Pestana, Inc
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The City of San Jose owned a hangar at an airport, and leased it to Irving and Janice Perlitch. The Perlitchs assigned their interest to Ernest Pestana, Inc. (Defendant). Prior to assigning their interest to Defendant, the Perlitchs entered into a sublease with Robert Bixler, who started a business on the property. The sublease stated that before the lessee could assign his interest, he had to obtain written consent from the lessor, otherwise the lease could be voidable at the option of the lessor. Bixler wanted to sell his business to Jack Kendall (Plaintiff) and requested consent from Ernest Pestana, Inc., who refused to give it, claiming it had the right to arbitrarily refuse such a request. Plaintiff seeks declaratory and injunctive relief and damages.
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