Crow

Ashlan Park Center LLC v. Crow

Good Law
183 Cal. Rptr. 3d 172·2015 Cal. App. LEXIS 99·233 Cal. App. 4th 1274
Court of Appeal of CaliforniaFebruary 2, 2015F069221California3,388 words

Opinion

Opinion

Franson, J.

— Appellant appeals from a judgment entered after the trial court sustained respondent’s demurrer to appellant’s amended petition for writ of mandate without leave to amend. We find no error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner filed an amended petition for writ of mandate, alleging it is the owner of a shopping center purchased in March of 2013. It purchased the property from five limited liability companies that owned the property as tenants in common (TICs). The prior owners purchased the property in 2006; in 2008, the nation’s financial market collapsed resulting in a recession. Because of the recession, when some of the shopping center’s tenants did not renew their leases or were unable to open their businesses in the shopping center, the spaces remained vacant. The relationship of the prior owners was governed by a tenancy in common agreement, which provided that each TIC was responsible for a pro rata share of the operating costs, including property taxes. If the income from the property was insufficient to cover operating costs, the managing TIC was responsible for calling for capital from each TIC. When the managing TIC did so, however, the…

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