Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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Plaintiff argued, consistent with its written in limine motions and trial brief, that
defendant should not be allowed to present evidence, have the jury instructed, or ask the jury to
render special verdicts based on substantial compliance or the materiality of the breach.
Plaintiff relied on paragraph 11 of the rental agreement, which provided, “Insurance: Owner
does not insure Renter for any personal injury or property damage including, but not limited to,
that caused by the act or omission of any other renter or third party, or by any criminal act or
activity, war, riot, insurrection, fire or act of God. Renter shall obtain and pay for any
insurance coverage necessary to protect Renter or Renter’s property from any loss or expense
that may be caused by such persons or events.” Plaintiff also relied on one of the opening
clauses of the rental agreement, which provided, in relevant part, “Owner and Renter agree that
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Renter’s performance of and compliance with each of the terms thereof, . . . constitute a
condition on Renter’s right to occupy the Premises and any failure of compliance or
performance by Renter shall allow Owner to forfeit this agreement and terminate Renter’s right
to possession.” Plaintiff argued that since, pursuant to this forfeiture clause, “any failure of
compliance or performance” by defendant constituted grounds for eviction, the materiality of
the breach or defendant’s substantial performance with the agreement was irrelevant.

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