This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Lease

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.)

George T. McDonnell


Defendant

Hyongsoon Kim
(Akin, Gump, Strauss, Hauer & Feld LLP)

Eric Gambrell


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.


#95713

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390