HAMILTON v. DIXON

Docket No. 30873.

168 Cal.App.3d 1004 (1985)

214 Cal. Rptr. 639

C. KENNETH HAMILTON, Cross-complainant and Appellant, v. THELMA R. DIXON, Cross-complainant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

May 31, 1985.


Attorney(s) appearing for the Case

COUNSEL

Louis M. Niven for Cross-complainant and Appellant.

Nisson & Nisson and C. Arthur Nisson for Cross-complainant and Respondent.


OPINION

CROSBY, J.

This case presents a clash between the contractual right of a landlord to arbitrarily withhold consent to a sublease of commercial premises and the emerging concept of the implied covenant of good faith and fair dealing. In the case of this 15-year-old lease, we decline to apply a legal theory the parties could hardly have anticipated at the time the agreement was executed.

I

Thelma Dixon and her...

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