Town Square Properties v. Mansouri CA2/5

Good Law
Court of Appeal of CaliforniaJuly 15, 2013B236871California4,458 words

Opinion

Opinion

Kriegler, J.

FACTS

TSP owns commercial property in Los Alamitos, California. On March 25, 1991, TSP entered into a lease with Raginder Paul and Baijit Paul for a term of 20 years. The Pauls operated a Denny‘s restaurant franchise at the location. Two years later, the Pauls sold the restaurant and assigned the lease to Adabkhah and Mahmood Kazemzadeh. The assignment was executed by the Pauls, Adabkhah, Kazemzadeh, and TSP. Adabkhah and Kazemzadeh agreed to make all the payments and perform all of the terms of the lease. TSP consented to the assignment, without waiving any rights under the lease as to any assignee. On October 3, 2000, Adabkhah and Kazemzadeh sold the restaurant and assigned the lease to Mansouri. Mansouri agreed to make all the payments and perform all the terms of the lease. TSP consented to the assignment, without waiving any rights under the lease as to any assignee. On June 8, 2006, Mansouri and LADI sold the restaurant and assigned the lease to Atta Ullah and Mohammed Shaikh. Mansouri, Ullah, Shaikh, and TSP executed an assignment and assumption of the lease. The document provided that notwithstanding the assignment, Mansouri remained primarily liable to TSP for…

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