Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)

Citation: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Parent Document: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Jurisdiction: California (state)
Effective Date: 2019-02-28
Original Source: https://www.courtlistener.com/opinion/6240337/bevis-v-terrace-view-partners-lp/ ↗

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Counsel later argued: "And the judge gave you this jury instruction. It's number *81866. And it says a party with the unilateral discretion to set an open term in a contract must do so under a standard of good faith and fair dealing. [¶] This means the party with the discretion to set the price term in the contract or make a decision affecting the rights of the other contracting party must do so in an objectively reasonable manner. [¶] So the question is, when they set the rents for these month-to-month people and to the other residents, was it reasonable ?" (Italics added.) Counsel then noted Caringella's testimony that the average mobilehome monthly space rent in the area was $ 850 and compared that rent to Moore's monthly rent of $ 2,000, stating, "That's patently unreasonable. Who can pay that?"

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