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ILKHCHOOYI v. BEST

Docket No. G013530.

37 Cal.App.4th 395 (1995)

45 Cal. Rptr. 766

JAVAD ILKHCHOOYI et al., Plaintiffs and Respondents, v. ROBERT T. BEST et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

July 31, 1995.

Attorney(s) appearing for the Case

COUNSEL

Grant & Laubscher, David C. Grant and DeeAnn M. Taylor for Defendants and Appellants.

Baker & Quella, Baker & Baker, William E. Baker, Jr., Mary Claire Quella and Paige Merrill Baker for Plaintiffs and Respondents.

OPINION

WALLIN, J.

In this case we decide that the doctrine of unconscionability applies to invalidate an express condition on transfer in a commercial lease, despite the Legislature's broad authorization of transfer restrictions and reaffirmation of the principle of freedom of contract in a commercial setting. Citing an express clause in the lease, the lessor of a shopping center refused to allow an assignment to the prospective...

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