3280 International v. Hernandez CA1/3

BACKGROUND

The history of this case entails numerous unlawful detainer and breach of contract disputes arising out of the parties’ January 2015 agreement leasing commercial property (lease agreement) in Oakland. Rent was $3450 per month, and the lease agreement noted that failure to make a payment of rent would constitute a material default and breach. It also stated that 3280

1 International would default if it failed to perform its obligations under the lease agreement, such as repairing damage not caused by the lessee. In February 2019, 3280 International filed a complaint against defendants, arguing they breached the lease agreement by failing to pay rent. Defendants disagreed, arguing the premises could not be used for the commercial use contemplated by the parties — a restaurant — because there were significant unforeseen and hidden plumbing and electrical problems. They accordingly filed a cross-complaint against 3280 International for breach of contract and fraud. The trial court denied both parties relief. It found 3280 International breached the lease agreement because the premises could not be used for any commercial purpose, and 3280 International had refused to make…