The Summary: In today’s financial climate, it is hard to keep up with the changes happening in shopping centers across the country. Retail space in shopping centers is staying vacant for several months or longer. Landlords are converting retail space to non-retail use or closing entire wings or floors of shopping centers. Landlords are even
Compliance With State Regulations Provides Protection Against Consumer Claim
Case: Yabsley v. Cingular Wireless, LLC, Case No. B198827 (Cal. Ct. App. 8/18/2008)
The One Sentence Summary: California Court of Appeal holds that compliance with California Regulations relating to retailer’s tax obligations provides safe harbor against claims by consumer for unfair business practices and false advertising under Business and Professions Code sections 17200 and 17500.
Retail Lease Tying Rental Rate To Rent Of Competing Tenant Or Its Successor Held Inapplicable Where Competing Tenant Is Defunct
Case: California National Bank v. Woodbridge Plaza LLC, Case No. 05CC03999 (Cal. Ct. App. 6/20/08)
The One Sentence Summary: California Court of Appeal held that a bank’s retail lease providing for an extended lease term at the lesser of the then prevailing rental rate or the latest square foot rental rate of a competing bank
Taxes Under a Lease: Not Just a Simple Pass-Through
The One Sentence Summary: While some view a tenant’s obligation to pay taxes as a pass-through from the landlord, this characterization is often inaccurate. Landlords frequently collect more in taxes than they in fact pay, and sometimes they collect less. Courts and juries in deciding what amount of taxes the landlord is entitled to charge
Protection of Consumer Payment Information Remains an Imperative for California Retailers
The One Sentence Summary:
While Governor Schwarzenegger recently vetoed a Bill that would have imposed greater obligations on retailers with respect to protection of consumer payment information, continued legislative efforts are likely and retailers remain subject to data security standards set by the Payment Card Industry.
Full Posting:
On October 17, Governor Schwarzenegger vetoed AB
Consumer Lacks Standing to Bring Claim Under California Consumer Protection Laws Where Product Was Purchased for Litigation Purpose Only
Case: Buckland v. Threshold Enterprises, Ltd., Case No. B192832 (Cal. Ct. App. 9/25/2007)
The One Sentence Summary:
A consumer who buys a product through her attorney for the sole purpose of litigation arising out of deceptive packaging or advertising lacks standing to bring a claim under the Consumers Legal Remedies Act, unfair competition law