Ballinger v. Watson
Published: Sep. 23, 2000 | Result Date: Aug. 2, 2000 | Filing Date: Jan. 1, 1900 |Case number: SCV51565 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Darren M. Harris
(Spray, Gould & Bowers LLP)
Robert A. Von Esch III
(Spray Gould & Bowers LLP)
Facts
The tenant sued the landlord after leaks in the roof damaged goods stored in the commercial property. The landlord repaired the leaks in a timely manner but refused to pay for the damaged items, relying on a clause in the lease in which the tenant waived any claims for damage to her items that arise from the use of the premises. The tenant argued that the clause was unenforceable because the terms were unconscionable and in violation of public policy.
Result
The court granted defendant's motion for summary judgment, ruling the clause was valid and had discharged the landlord's duty of care for the tenant's goods.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390