DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe and Takeout III, Ltd.
Opinion
Opinion
Stoever, J.
Plaintiff appeals from a judgment entered in favor of defendant after jury verdict.
On or about March 17, 1989, appellant DRG/Beverly Hills, Ltd. (hereinafter DRG), as lessor, and respondent Chopstix Dim Sum Cafe & Takeout III, Ltd., through its general partner, Chopstix III, Inc. (hereinafter collectively Chopstix), as lessee, entered into a written lease agreement for premises to be occupied by lessee’s restaurant/bar business.
Respondents Epsteen, Milham and Benun (hereinafter Guarantors) each individually guaranteed Chopstix’s performance under the aforementioned lease agreement.
Said lease agreement contained certain contingencies:
The required licenses, permits and approvals were not obtained by either party on or before the September 23, 1989, termination date. The wine and beer license was never obtained.
The lease agreement contained a provision specifically requiring all amendments or modifications to be in writing.
DRG contends that Chopstix verbally and by its conduct waived the aforementioned contingencies. With respect to the verbal waiver, DRG relies primarily upon the hearsay testimony of a DRG representative relating a June 27,1989, meeting with…