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KENDALL v. ERNEST PESTANA, INC.

Docket No. S.F. 24851.

40 Cal.3d 488 (1985)

709 P.2d 837

220 Cal. Rptr. 818

JACK KENDALL et al., Plaintiffs and Appellants, v. ERNEST PESTANA, INC., Defendant and Respondent.

Supreme Court of California.

December 5, 1985.

Attorney(s) appearing for the Case

COUNSEL

Morgan, Morgan, Towery, Morgan & Spector, W. Robert Morgan and Barbara Spector for Plaintiffs and Appellants.

Fred Crane and Michael V. Hesse as Amici Curiae on behalf of Plaintiffs and Appellants.

Frank P. Nicoletti and Tiernan & Nicoletti for Defendant and Respondent.

Pillsbury, Madison & Sutro, Walter R. Allan, Vaughn R. Walker and Christopher R. Ball as Amici Curiae on behalf of Defendant and Respondent.

OPINION

BROUSSARD, J.

This case concerns the effect of a provision in a commercial lease1 that the lessee may not assign the lease or sublet the premises without the lessor's prior written consent. (1a) The question we address is whether, in the absence of a provision that such consent will not be unreasonably withheld, a lessor may unreasonably and arbitrarily withhold his or her consent...

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