Real Estate/Development,
Appellate Practice
May 7, 2020
The virus on appeal, part 3
In my prior columns on this topic (which ran yesterday and the day before), I discussed various possible defenses a commercial tenant might have to a landlord’s claim for rent, when the tenant’s business has been adversely affected by the corona virus pandemic.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
In my prior columns on this topic (which ran yesterday and the day before), I discussed various possible defenses a commercial tenant might have to a landlord’s claim for rent, when the tenant’s business has been adversely affected by the corona virus pandemic.
I concluded that the defense most likely to be viable is frustration of purpose, supported by a claim that the tenant’s purpose was frustrated by government orders (federal, ...
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