GRAND PROSPECT PARTNERS, L.P. v. ROSS DRESS FOR LESS, INC.

No. F067327.

232 Cal.App.4th 1332 (2015)

182 Cal. Rptr. 3d 235

GRAND PROSPECT PARTNERS, L.P., Plaintiff, Cross-defendant and Respondent, v. ROSS DRESS FOR LESS, INC., et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, Fifth District.

January 12, 2015.


Attorney(s) appearing for the Case

Arnold & Porter, Sean M. SeLegue,   Jerome B. Falk, Jr.,   Jeremy McLaughlin; Bartko, Zankel, Bunzel & Miller, Benjamin K. Riley,   Simon R. Goodfellow; Dowling Aaron, Donald R. Fischbach and Steven M. Vartabedian for Defendants, Cross-complainants and Appellants.

Caldwell Leslie & Proctor, Christopher G. Caldwell,   Michael D. Roth and Albert Giang for California Retailers Association, The Gap, Inc., Bed Bath & Beyond Inc., H&M Hennes & Mauritz L.P., Petco Animal Supplies, Inc., and VF Outdoor, Inc., as Amici Curiae on behalf of Defendants, Cross-complainants and Appellants.

Bingham McCutchen, Stephen Zovickian,   Robert A. Brundage; Caswell Bell & Hillison, Robert K. Hillison and Kimberly L. Mayhew for Plaintiff, Cross-defendant and Respondent.


OPINION

This appeal addresses whether cotenancy provisions1 in a lease for retail space in a shopping center are unconscionable or unreasonable penalties and, thus, not binding on the landlord. The enforceability of cotenancy provisions has not been discussed in an opinion published by...

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