Frittelli, Inc. v. 350 North Canon Drive, LP

In the underlying action, appellant Frittelli, Inc. (Frittelli), asserted claims for breach of a lease, breach of the implied covenant of quiet enjoyment, negligence, and rescission, alleging that respondents’ renovation of a shopping center destroyed Frittelli’s business within the center. The trial court granted summary judgment in favor of respondents on Frittelli’s claims, concluding that they failed in light of exemptions for lessor liability within Frittelli’s lease. We affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

There are no material disputes regarding the following facts: In April 2006, respondents Laurel Karabian and Cynthia D. Norian, as owners of a shopping center in Beverly Hills, entered into a commercial lease with Frittelli, which established a “gourmet doughnut shop” within the center. Alison Winston executed the lease on behalf of Frittelli. Shortly afterward, respondent 350 North Canon Drive, LP (350 North Canon), became the owner of the shopping center. Throughout the underlying events, respondent Personalized Property Management (PPM) managed the shopping center.

The lease consisted of a standard form agreement entitled “Standard…