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


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.


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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