Found inside – Page 218... reduced rent because you breached the warranty of habitability, even though you're not a clear victor, you'll still need to fill out the judgment form. Found inside – Page 4specify any existing breaches of the Residential Lease Agreement , Option Agreement or Residential Purchase Agreement . ... August 5 , 2003 : Appellants filed their Complaint for Breach of Contract / Specific Performance against Respondent ... Found inside – Page 17-65A copy of the lease agreement is attached to this complaint as Exhibit and is incorporated by reference . ... Set forth details of breach and abandonment , such as : Defendants failed to pay plaintiff the monthly rent on ( date ) , and have failed to ... Found inside – Page 3071993 ) City filed a complaint in eminent domain . because not specifically authorized by a Pursuant to Code of Civil Procedure sec- City ordinance . ... App.3d 1075 , 1081-1082 , 252 trial court bifurcated the issue of the City's liability for breach of contract under GEI's Cal. ... In addition to proof of the lease agreement itself , the City's evidence demonstrated that there had been no discussion during negotia ... Found insideNone of her earlier complaints listed breach of contract as a cause of action. ... App.4th 407 [where complaint did not allege violation of lease agreement, ... Found inside – Page 381[T] Defendant generally denies each statement of the complaint. ... (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable ... Found inside – Page 8It has a local counterpart in many states, e.g., "California Jurisprudence," devoted to the law of California. ... (Form pleadings for dissolution of marriage proceedings have existed for some time and form pleadings exist for probate proceedings.) ... The complaint forms for breach of contract and for personal injury, property damage and wrongful death (motor vehicle) are ... Attachment may not be issued on a claim against an individual which is based on the sale or lease of property, the ... Found inside – Page 15Beverly Thompson , BC 225665 COURT Superior Court of Los Angeles County , Central JUDGE Irving S. Feffer DATE 10/22/2001 INJURIES On its cross - complaint , HDP claimed damages for breach of lease in the form of rent past due up ... Found inside – Page 45Wycoff Co. , Inc. , 344 US 237 , 97 LED 291 , 73 SCR 236 , rev'g ( CA 10 ) , 195 F ( 2d ) 252 . ... Where author's complaint for breach of contract did not allege copyright infringement . defendant's counterclaim for declaratory ... Issue of whether lease was renewed within time specified disclosed an actual controversy even though old lease had not yet expired at the time of filing of complaint by landlord for a ... Found inside – Page 1438The statutory conditions for the application of Section 1951.2 are that there be a lease , breach of lease by the lessee , and either abandonment by the ... Found inside – Page 98Where the landlord claims that the default in the rent under a concurrent lease tenant breached covenants in the lease , the agreement followed by service upon them of complaint must allege compliance with Code a three - day notice to pay ... Found inside – Page 68Here , the operative complaint alleged that Frittelli's business within the shopping center was successful until September 2008 , when ... In connection with Frittelli's claim for breach of the lease , the operative complaint alleged that respondents , through their failure to ... Civil Code section 1927 provides : “ An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing ... Found inside – Page 217A tenant enters into occupancy of a single family residential property under a lease agreement obligating the tenant to maintain the property's landscaping ... Found inside – Page 15SOUTHERN CALIFORNIA SAN DIEGO COUNTY BREACH OF LEASE Inverse Condemnation - Economic Advantage ed , under ... lease . In February 2003 , the San Diego Unified Port District filed a cross - complaint against TDY Industries Inc. , alleging breach of contract . ... GIC 779490 Superior Court of San Diego County , San Diego , CA J. Richard Haden 3/10/2004 COURT JUDGE DATE INJURIES ... Found inside – Page 81D006345, Appellant's Reply California (State). the second amended complaint without prejudice to its being refiled when and if a cause of action for breach of the leases or option agreement occurs . " ( 4 OSCF pp . 986-987 , emphasis added . ) ... Found inside – Page 493rent increases as, 206, 302–304 rent withholding or complaint coinciding with ... 189 new rental agreement and, 189–190, 386 rent control and, 92, 189, 190, ... Found inside – Page D-391Wiltsey , 4 P.2d 302 , 117 C.A. 652 . difference between purchase price agreed upon and value at time of breach ... Complaint , in action for gation of purchasers ' complaint that no differ- damages for breach of contract to convey ence existed ... Found inside – Page 78California Law Revision Commission ... The statutory conditions for the application of Section 1951.2 are that there be a lease , breach of lease by the lessee , and ... Mere delivery of possession does not , however , extend the defendant's time to plead since such time is necessarily determined by the form of the complaint . Found inside – Page 15The California Court of Appeal has held that if a lease provides for assignment or subletting only with the prior consent of the lessor , the lessor may ... The tenant ' s complaint alleged a cause of action for bad faith breach of contract . ... A breach by the landlord of that duty would constitute a breach of the lease agreement . Found insideCommitments and contingencies Leases The Company leases certain facilities and machinery and equipment primarily under operating lease arrangements. ... (see Note 2), filed an amended complaint to a previous action filed against Universal in the California State Court. The amended complaint alleges fraud, breach of contract and interference with business relations ... Pursuant to the stock purchase agreement with the former owner of Universal, the former owner has agreed to ... Found inside – Page 525The Limited a cross - complaint against CCB , MEC and Partners and the General Partner learned , MDC , seeking declaratory relief ... market claims , and seeking damages for MEC's value in excess of the $ 175,000 for which and MDC's alleged negligence , breach of ... on CCB's Complaint , a judgment in faowed under the Assumption Agreements vor of CCB for $ 1,168,686 against the Genand at ... The lease required of the primary financing in the amount of MDC to insure the Rig . Found inside – Page 450... pleaded complaint rule . tribe member ' s well - pleaded complaint for Rains v . Criterion Systems , Inc . , 80 F . 3d breach of lease , and thus , could not support 339 . federal court jurisdiction over member ' s statelaw counterclaim for breach ... Found inside – Page 534LATERAL SUPPORT Termination by reason of breach of conReal estate , complaint for removal , $ 832 tract , $ 3308 Form 1 . -Form 3 . Dwellings , this index . Equal rights , complaint to have provision LAYAWAY AGREEMENT in lease ... Found inside – Page 15... complaint against a tenant after they and the tenant fail to reach an agreement on how to cure the breach, whether it is for rent or some other issue. Found inside – Page 352Complaint seeking specific performance of void contract held to state cause of action for recovery of money paid ... Alleged failure of lessee , who initially had sought specific performance under breached lease agreement , to prove that lease ... Found inside – Page 429... agreement with a new developer, Civic sued: (1) the City, for breach of the lease and intentional interference with the development agreements; ... Found inside – Page 124( c ) Performance must be made within the time limited by the escrow agreement , but if there is no stipulation as to the time within ... 000 in consideration for which the defendants agreed to give plaintiff a one - twenty - fifth interest in a certain lease or return to ... ( f ) In this action for money had and received the trial court did not err in finding that defendant ' s cross - complaint , alleging damages for breach of ... Answers legal questions of concern to tenants and explains how to deal with a landlord who is acting unfairly Found inside – Page 106State v McCauley ( 1860 ) 15 C 429 . signable , and no objections to this form of contract having been made at the time . it is too late to ... only limitamade with E . for breaches of the covetion being the inhibition against the inflicnants of the lease by him and his assignee ... State y by him at the execution of the contract , or McCauley ( 1860 ) 15 C 429 . to pay what the complaint shows to be now due ; and it ... Found inside – Page li3307 – Form 1 . — Breach of Contract to Purchase Real Property . 3308 – Form 1 . Provision in Lease Providing for Measure of ... Complaint - Damages under Provision in Lease after Termination of Lease by Reason of Lessee ' s Breach . Found inside – Page 1681... that by commencing litigation a landlord and tenant waived the mandatory arbitration provision in their lease agreement . We affirm . The landlord , petitioner Cordillera Corporation , filed a complaint in Denver District Court on November 24 , 1976 for damages from breach of a lease agreement between ... Rptr . 456 ( 1973 ) , has been overruled recently by the California Supreme Court ( Doers v . Found inside – Page 297Prepared with Special Reference to Practice in the State of California and Adapted to the Practice Acts of the Various States Charles Walter Garland. and allege the amount of da CHAPTER XVII COMPLAINTS AND DEFENSES IN ACTIONS FOR BREACH OF COVENANT COMPLAINTS IN ACTIONS ... Action to restrain tenant for breach of lease and license . ... Lessee's breach of agreement to pay taxes . Found inside – Page 99Ins Cafe igated purus deed of ca exted On part de e Log 2 blesse ou e the scholen fire sur Ict . Firs al Rour : ho they dan gul ... that seller of leasehold interest negotiated expenses incurred in the interpleader action and for emooriginal lease with property ... Eagle Star Ins . Co. , Ltd. ( 1976 ) against insurer on basis of breach of contract where failure 132 Cal. ... Complaint in general Insureds who discovered crack in foundation of building Complaint of insured against several insurers ... Found inside – Page 513Chapter 7 Breach of Contract ; Breach of Fiduciary Duty $ 7 : 1 Partnership Agreement ; Oral Contract ; Vicarious Responsibility ... Misrepresentation ; Concealment ; Contract Damages ; Nominal Damages ; Tort Damages ; Punitive Damages ; Cross - Complaint Breach of ... Out of Pocket Damages $ 7 : 3 Landlord - Tenant ; Breach of Lease Agreement ; Disputed Terms ; Waiver ; Assignment of Lease ... Found inside – Page 948California. UNLAWFUL DETAIN Coverture as defense , Damages generally , $ 1174 allegations , $ 1166 stay of execution of , $ 1174 ... 1161 take testimony for , $ 1986 Agreement between parties , occuUnclaimed property in federal cuspancy after expiration of , § 1161 ... Attachment for rent , $ 537 ing proceedings in , $ 526 Breach of covenant , complaint for Lien for judgment rendered by , holding over ... Found inside – Page 164... that it specified the alleged breaches of the lease , or that it unequivocally demanded possession , the complaint failed ... general demurrer , where the allegations included defendants ' default in the rent under a concurrent lease agreement ... Found inside – Page 87The lease agreement usually indicates whether the landlord must try to rerent the ... Breach of Lease When a tenant breaches or violates any lease provision ... Found inside – Page 437The record clearly indicated that defendants exercised their option to extend the life of the lease , and further indicated what the ... Where the landlord claims that the tenant breached covenants in the lease , the complaint must allege compliance with Code Civ . ... subject to a general demurrer , where the allegations included defendants ' default in the rent under a concurrent lease agreement followed by ... Found insideagreement contains an attorney fee provision, § 1717 did not apply to ... applied to shareholder derivative action where contractual breach alleged in first ... Found inside – Page 1031ducing a breach of contract," or for interference with business or contractual relations,” is the 2-year statute relating to an ... A complaint alleged that the plaintiff was employed as a probation officer by the city and county of San Francisco; that the ... (1967) 248 Cal App 2d 447, 56 Cal Rptr. 574 (action for inducing lessor to breach lease agreement with plaintiff). ... CA9 Cal) 349 F2d 576 (applying California law to an action for interference with a contract to purchase realty), cert den 383 ... Found inside – Page 493rent increases as, 206, 302–304 rent withholding or complaint coinciding with ... 189 new rental agreement and, 189–190, 386 rent control and, 92, 189, 190, ... Found inside – Page 773A Complete and Modern Statement of the Law and Practice of the State of California ... of actions , $ 5 complaint , see Complaint construction of contract , § 79 costs , § 87 decree , form of , see Form of decree denial of relief , § 90 evidence , see Evidence form of decree , see Form of decree SPECIFIC PERFORMANCE -Cont'd Proximate result of vendor's breach ... 76 Renewal provisions authorizing future determination of terms , § 17 Rents and profits cross complaint for rent , $ 71 ... 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