MILLIKAN v. AMERICAN SPECTRUM REAL ESTATE

No. G031944.

12 Cal.Rptr.3d 459 (2004)

117 Cal.App.4th 1094

Jack W. MILLIKAN, as Trustee, etc., Plaintiff and Respondent, v. AMERICAN SPECTRUM REAL ESTATE SERVICES CALIFORNIA, INC., Defendant and Appellant.

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

April 20, 2004.


Attorney(s) appearing for the Case

Grant, Genovese & Baratta, David C. Grant, Irvine and Ronald V. Larson, Riverside, for Defendant and Appellant.

Stradling, Yocca, Carlson & Rauth, Donald J. Hamman and Jason A. Oesterreich, Newport Beach, for Plaintiff and Respondent.


OPINION

IKOLA, J.

Defendant contends that when a landlord sells leased property after the tenant has abandoned the lease, the landlord may not recover from the tenant expenses incurred in selling the property. We conclude the law does not impose that blanket prohibition. Instead, the landlord's entitlement to recover selling expenses from a breaching tenant depends upon the evidence adduced in a particular...

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