Question
Please respond to each of the following , writing a narrative response addressing the issues raised in each of the problems. Lucy Landlord owns a
Please respond to each of the following , writing a narrative response addressing the issues raised in each of the problems.
Lucy Landlord owns a three-story commercial building on Olympic Boulevard in Los Angeles. In 2021 she rented 5,000 square feet of office space to Tori Tenant under a three-year lease, for the monthly rent of $ 10,000. In January 2022, Tori stopped paying rent.Additionally, in February 2022 one of Tori's employees negligently flooded the bathroom, causing damages of $ 15,000 to the floor and walls of the offices Tori leases. In March 2022, Lucy discovers that Tori assigned her lease (assume this assignment was allowed under the lease but was not approved by Lucy) to Ashley Assignee. Ashley fails to pay the rent in March and April - so Lucy files an unlawful detainer action against both Tori and Ashley in May 2022. She seeks rental payments from January through May, eviction of both Tori and Ashley from the premises and also seeks $ 15,000 for the water damage.
On April 1, 2022, Sam Slip, a client of Ashley, visits her in the building. Sam slips and falls on the way to the elevator because of a large tear in the hallway rug. The large tear in the rug was in the hallway outside of Ashley's office (in the building common area) and it had been there for 2 weeks.No one reported it to the Landlord, so Lucy didn't repair it until after Sam's fall. Sam suffers a broken leg from the fall. Meanwhile, Dan Digger, the building owner next door to Lucy's building, has been excavating on his property to build an underground parking facility. The excavation causes some structural damage to Lucy's building because it affected the support beams on the north side. Repairs will cost $ 100,000. Sam files suit against Lucy for negligence to recover damages for his broken leg. Lucy is considering suing Dan for the structural damage caused by his excavation.
Please address the following issues raised in the above fact patterns and give your reasons:
- Was the Assignment by Tori to Ashley valid?
- Will Lucy be able to successfully evict Ashley from the premises, even though she has no written lease with Ashley?
- Will Lucy be able to recover unpaid rent from Tori and Ashley? Can Lucy recover damages for the walls & doors in the unlawful detainer action?
- Will Sam be successful in his lawsuit against Lucy? What will Sam likely argue and what will Lucy likely argue in defense?
- What is the basis of the lawsuit Lucy wants to pursue against Dan? What standard will the California courts apply in deciding this suit?
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