Marina Tenants Ass'n v. Deauville Marina Development Co.

Plaintiffs, appellants and cross-respondents Marina Tenants Association et al. (Tenants), appeal from an order of dismissal following the sustaining of demurrers without leave to amend interposed by defendants, respondents and cross-appellants Deauville Marina Development Co., Ltd., a limited partnership (Deauville), Marina Admiralty Co., a limited partnership (Marina Admiralty), Bar Harbor Development Co., Ltd., a limited partnership (Bar Harbor), and Marina del Rey Country Club Apartments, a partnership doing business as Oakwood Garden Apartments (Oakwood), collectively referred to as Lessees.

The Lessees cross-appeal from an order striking various items from their memoranda of costs and disbursements.

The Tenants cannot state a cause of action as third party beneficiaries, because even if they succeed in proving they are intended beneficiaries of the lease agreement (master lease) between the County of Los Angeles (the County) and the Lessees, they cannot assert rights greater than those of the promisee, herein the County, under that contract.

Factual and Procedural Background

The Lessees leased publicly owned land in Marina del Rey from the County, and constructed…