LEE v. PLACER TITLE CO.

Docket No. C014663.

28 Cal.App.4th 503 (1994)

33 Cal. Rptr.2d 572

PHILLIP M. LEE et al., Plaintiffs and Respondents, v. PLACER TITLE COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

August 23, 1994.


Attorney(s) appearing for the Case

COUNSEL

Friedman, Collard & Owen, Friedman & Collard, Peter J. Stubbs and Michael B. Bigelow for Defendant and Appellant.

Trainor, Robertson, Smits & Wade, Nancy Hotchkiss, David E. Frank, Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston, Karen Leaf and Ann Perrin Farina for Plaintiffs and Respondents.


OPINION

SPARKS, J.

Defendant Placer Title Company leased space in a shopping center owned by plaintiffs Phillip and Judy Lee. Defendant stopped paying rent and vacated the premises, claiming fumes from an adjoining dry cleaning business made its office unusable. Plaintiffs filed a complaint for rent owing on the remainder of the lease. When the court ruled the terms of the lease precluded defendant from asserting a defense based on...

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