Bevis v. Terrace View Partners, LP (2019)

Citation: Bevis v. Terrace View Partners, LP (2019)
Parent Document: Bevis v. Terrace View Partners, LP (2019)
Jurisdiction: California (state)
Effective Date: 2019-03-21
Original Source: https://www.courtlistener.com/opinion/4602468/bevis-v-terrace-view-partners-lp/ ↗

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9       The court explained: "Defendants failed to disclose material facts (i.e., the three
highest rents) to plaintiffs at the time the defendant presented the plaintiffs with lease
agreements. The plaintiffs on long term leases could not foresee the amount of the catch-
up provision increase at the time they entered into the lease. The undisputed evidence
produced at trial was that the catch-up provision could not be calculated by the plaintiffs
at the time they signed the lease. Also, as to prospective new tenants/leases at the park,
the catch-up provision could not be calculated in advance. The court finds the defendants
did not provide the plaintiffs with readily available information about what the catch-up
provision amount was at the time of the signing of the lease. The defendants could have
provided the plaintiffs with what the three highest rents were being charged in the park
prior to the time of signing the lease. Thus, the plaintiffs could have determined the
arithmetic average of those three rents and had some indication of how much their rent
could be increased.
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The court ordered defendants to "disclose available information regarding the three

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