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This is a California real estate specific question. Who ever

answers, PLEASE be from California...
This is a California real estate specific question. Who ever answers, PLEASE be from California or have worked in California.I have a commercial property that I am leasing. I will attach a a copy of the AIR lease.My tenant is doing improvements. For some reason the blueprints that were submitted to the city and the building permit are for a company other than the company/tenant that signed the lease. Is this against the law? Ag violation of a civil or other code?If the architect who is drafting the plans knows that the names on the blueprint are not for the tenant/lessee with the lease (ie: they have a copy of the lease) is this illegal? A violation a civil or other code?If the city building and planning departments know that these plans are not for or in the name the tenant/lessee (ie: they have a copy of the lease) is this illegal? Against a civil or other code?Any solutions? Suggestions?
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Customer reply replied 1 year ago
Added the lease
Answered in 25 minutes by:
11/8/2016
Attorney2020
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Category: CA Real Estate
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If the lessor is not the same as the person attempting to make the improvements that would be a breach of the contract, specifically Provision 6. Contract law is the applicable body of law not civil or other codes.

You could seek eviction if you are able to show that the lessor committed material breaches of contract as a result of its actions.

Here are some codes sections and case law regarding the breach of contract issues:

Sources and Authority

  • Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)
  • A complaint for breach of contract must include the following: (1) the existence of a contract, (2) plaintiff’s performance or excuse for non-performance, (3) defendant’s breach, and (4) damages to plaintiff therefrom. (Acoustics, Inc. v. Trepte Construction Co. (1971) 14 Cal.App.3d 887, 913 [92 Cal.Rptr. 723].) Additionally, if the defendant’s duty to perform under the contract is conditioned on the happening of some event, the plaintiff must prove that the event transpired. (Consolidated World Investments, Inc. v. Lido Preferred Ltd. (1992) 9 Cal.App.4th 373, 380 [11 Cal.Rptr.2d 524].)
  • “Implicit in the element of damage is that the defendant’s breach caused the plaintiff’s damage.” (Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305, 1352 [90 Cal.Rptr.3d 589], original italics.)
  • “It is elementary a plaintiff suing for breach of contract must prove it has performed all conditions on its part or that it was excused from performance. Similarly, where defendant’s duty to perform under the contract is conditioned on the happening of some event, the plaintiff must prove the event transpired.” (Consolidated World Investments, Inc., supra, 9 Cal.App.4th at p. 380, internal citation omitted.)
  • “When a party’s failure to perform a contractual obligation constitutes a material breach of the contract, the other party may be discharged from its duty to perform under the contract. Normally the question of whether a breach of an obligation is a material breach, so as to excuse performance by the other party, is a question of fact. Whether a partial breach of a contract is material depends on ‘the importance or seriousness thereof and the probability of the injured party getting substantial performance.’ ‘A material breach of one aspect of a contract generally constitutes a material breach of the whole contract.’ ” (Brown v. Grimes (2011) 192 Cal.App.4th 265, 277–278 [120 Cal.Rptr.3d 893], internal citations omitted.)

     

  • “The wrongful, i.e., the unjustified or unexcused, failure to perform a contract is a breach. Where the nonperformance is legally justified, or excused, there may be a failure of consideration, but not a breach.” (1 Witkin, Summary of California Law (10th ed. 2005) Contracts, § 847, original italics, internal citations omitted.) “Ordinarily, a breach is the result of an intentional act, but negligent performance may also constitute a breach, giving rise to alternative contract and tort actions.” (Ibid., original italics.)

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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Customer reply replied 1 year ago
Thank you.I am studying your response.In the first line of your response you state "If the lessor is not the same..."Don't you mean: "If the lessee is not the same..."?

Yes, lessee.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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Customer reply replied 11 months ago
I apologize for the late response. Something took me away for this. I have given you a rating so you can get credit.If it is okay with you, I have a further question in this thread.Thanks
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