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ASP PROPERTIES GROUP v. FARD, INC.

No. D044896.

35 Cal.Rptr.3d 343 (2005)

133 Cal.App.4th 1257

ASP PROPERTIES GROUP, Plaintiff and Appellant, v. FARD, INC., Defendant and Respondent.

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

October 5, 2005.

Attorney(s) appearing for the Case

Timothy J. Daley, Smaha & Daley, San Diego, CA, for Plaintiff and Appellant.

Christian A.M. Curry, San Diego, CA, for Defendant and Respondent.

McDONALD, J.

Plaintiff ASP Properties Group, L.P. (Landlord) appeals a judgment in favor of defendant Fard, Inc. (Tenant) in Landlord's unlawful detainer action against Tenant. On appeal, Landlord contends: (1) the trial court erred in interpreting the lease and its amendment as not requiring Tenant to install new roofs; and (2) allowing Tenant to rely on affirmative defenses not pleaded in its answer.

FACTUAL AND PROCEDURAL BACKGROUND

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