Corbin Northridge LLP v. HBC Solutions Inc., The Harris Corporation Inc., and Does 1 through 10, inclusive
Published: Oct. 17, 2015 | Result Date: Jul. 10, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-02714-RGK-JC Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Scott L. Whitman
(Scott L. Whitman Inc.)
Defendant
Hyongsoon Kim
(Akin, Gump, Strauss, Hauer & Feld LLP)
Facts
Corbin Northridge LP and The Harris Corporation entered into a written lease agreement in which Harris would rent office space for five years. They later entered into an agreement to extend the lease, which included a provision allowing a one-time right of termination of the lease. Harris later assigned its right, title and interest as a tenant to HBC Solutions Inc. Northridge consented to the assignment. HBC sought to terminate the lease but Northridge objected. Northridge brought an action against HBC Solutions and Harris for breach of lease and declaratory relief.
Contentions
PLAINTIFF'S CONTENTIONS:
Northridge contended that the right to terminate was personal to Harris and that HBC did not have a right to terminate. Therefore, the agreement extending the lease was still in effect and it was owed rental payments under the lease.
Result
The court concluded that HBC acquired, by assignment, the right to terminate the lease. It found no breach of the lease and granted summary judgment in defendants' favor.
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