Muzzi

Defendant Bel Air Mart (Bel Air) is the anchor tenant in a shopping center owned by plaintiffs. After a dispute arose over Bel Air’s use of common areas behind the store, plaintiffs filed suit for declaratory relief. The trial court found that Bel Air violated its lease by placing large seasonal storage containers in the center’s parking spaces. However, the court also concluded that Bel Air’s practice of keeping bread racks and similar items in parking spaces was permissible under lease provisions allowing the use of common areas for the loading and unloading of merchandise.

Plaintiffs raise a number of challenges to the court’s decision, including that (1) the court erred in failing to resolve issues related to Bel Air’s use of refrigerated trailers, (2) there is insufficient evidence to support the court’s determination that the lease permitted the use of parking spaces for food racks, pallets, oil storage containers, and similar items, and (3) Sacramento city ordinances preclude the use of parking spaces for anything other than parking. Plaintiffs also contend that, in any event, the court’s judgment must be amended because it did not reflect all of the…