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CARMA DEVELOPERS (CAL.) v. MARATHON DEV. CALIF.

Docket No. S011486.

2 Cal.4th 342 (1992)

826 P.2d 710

6 Cal. Rptr.2d 467

CARMA DEVELOPERS (CALIFORNIA), INC., Plaintiff and Appellant, v. MARATHON DEVELOPMENT CALIFORNIA, INC., Defendant and Appellant.

Supreme Court of California.

March 30, 1992.

Attorney(s) appearing for the Case

COUNSEL

Horning, Janin & Harvey, Richard Allan Horning, D. Peter Harvey and Thomas C. Lee for Plaintiff and Appellant.

Pillsbury, Madison & Sutro, Walter R. Allan, Vaughn R. Walker and Christopher R. Ball for Defendant and Appellant.

Cox, Castle & Nicholson and W.M. Lines as Amici Curiae on behalf of Defendant and Appellant.

OPINION

PUGLIA, Acting C.J.1

At issue here is the validity of a provision in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign. Such a provision was included in a 10-year lease of office space between the parties to this appeal. Several years into the lease term the...

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