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COLLEGE BLOCK v. ATLANTIC RICHFIELD CO.

Docket No. B023800.

206 Cal.App.3d 1376 (1988)

254 Cal. Rptr. 179

COLLEGE BLOCK, Plaintiff and Respondent, v. ATLANTIC RICHFIELD COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

December 29, 1988.

Attorney(s) appearing for the Case

COUNSEL

Tuttle & Taylor, Douglas W. Beck and Wayne Stephen Braveman for Defendant and Appellant.

Stutman, Treister & Glatt and Thomas E. Garcin for Plaintiff and Respondent.

OPINION

ASHBY, Acting P.J.

In this matter the trial court held as a matter of law that in the parties' lease there was an implied covenant of continued operation. We find that although the parties intended the lessee to continually operate a gasoline service station for the entire leasehold period, the trial court acted prematurely and a further factual determination must be made before the covenant is implied.

STATEMENT...

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