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Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation.

Blog

Exculpatory Clause May be Valid for Tenant's use of Amenities

Ron Stormoen

Lewis Operating Corp. v. Superior Court (Cal.App. 4 Dist. 2011) 2011 WL 5429554, 1

In this case, the court was asked to determine whether a landlord who rents an apartment for residential use may enforce against the tenant an agreement to waive liability for the landlord's negligence. In general, the answer is clearly “no.” However, where the waiver in question relates to the landlord's operation of a tenant-only health club or exercise facility (that is, use of amenities rather than non-core functions of the property) the waiver may be enforceable and may bar the tenant’s suit against the landlord.

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categories Landlord-Tenant

Contract Clause Precluded Reliance on Oral Evidence which Contradicted the Written Contract Language

Ron Stormoen

Duncan v. McCaffrey Group, Inc. (Cal.App. 5 Dist., 2011) 2011 WL 5110475, 7

What happens when you sign a contract and then, in a dispute over the contract language, the other side tries to introduce oral evidence that contradicts the written word? In Duncan, the court of appeal did not allow the introduction of such evidence because of the inclusion of a “merger” or “entire agreement” clause.

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categories Contracts