Juarez

I. INTRODUCTION

Defendant and appellant Juan Juarez appeals the judgment in favor of plaintiff and respondent Boston LLC following an unlawful detainer court trial. Defendant contends the

judgment should be reversed because the trial court improperly deprived him of defenses based on the breach of the rental agreement not being material. He also contends reversal is warranted because the court did not allow him to defend the case based on plaintiff’s waiver. As discussed below, we affirm.

Regarding defendant’s compliance with the terms of the parties’ rental agreement, the agreement provided that “any failure of compliance or performance by Renter shall allow Owner to forfeit this agreement and terminate Renter’s right to possession.” It was undisputed defendant breached the agreement by failing to timely obtain renter’s insurance after being given notice and an opportunity to do so.

In the published portion of the opinion we hold that, because defendant did not contend the agreement constituted a contract of adhesion or that its enforcement was unconscionable, the trial court correctly determined the materiality of the breach was irrelevant. Under the facts of the present…