Del Taco, Inc. v. University Real Estate Partnership V

After a major sewer line repair was required for its business that was operated on leased premises, plaintiff and appellant Del Taco, Inc. (Del Taco), sued its former landlord, defendant and respondent University Real Estate Partnership V, a limited partnership (University). Del Taco sought declaratory relief concerning its rights under the original ground lease agreement and the obligations to pay for the repairs. Del Taco also sued its current landlord, 1033 Third Street Corporation (Third Street), which is not a party to this appeal. The underlying action is still pending against Third Street.

University brought a motion for summary judgment, contending there were no triable issues of material fact and it was entitled to judgment as a matter of law. (Code Civ. Proc., § 437c.) The motion was granted and Del Taco appeals, contending the trial court erred in finding that as to University, there was no potential liability nor any triable issues of fact under either the express or implied covenants in the lease agreement. These arguments lack merit and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1996, Del Taco entered into a ground lease agreement with University,…