Willis

This case comes to us on certification from the appellate department of the superior court.

The question certified is whether a lessor’s consequential damages under Civil Code section 1951.2, subdivision (a) must be offset by any increase in rent obtained by a lessor upon reletting of premises following termination of the original lease.

The trial court resolved this issue in favor of the lessee-defendant, Soda Shoppes of California, Inc., allowing the setoff. We affirm.

The plaintiff-lessors, George Willis and Harriet Willis, commenced this action to recover accrued rent and consequential damages allegedly totaling over $14,000 following the abandonment by Soda Shoppes of commercial premises leased to it by plaintiffs. The defendant Soda Shoppes cross-complained for return of a $1,100 security deposit and for a declaration that they were entitled to offset against the rent and damages all sums received and to be received by plaintiffs upon the re-letting of the premises.

The trial court gave judgment in favor of the lessee-defendant on the complaint, holding that all of the damages plaintiffs, the lessors, incurred due to the lessee-defendants’ breach of the lease…