EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)

Citation: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Parent Document: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Jurisdiction: California (state)
Effective Date: 1984-03-16
Original Source: https://www.courtlistener.com/opinion/2116822/edc-associates-ltd-v-gutierrez/ ↗

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(1981) 123 Cal.App.3d 751 [177 Cal.Rptr. 24], the finding of no waiver was justified because, “[the landlord], from the [inception of the breach], clearly evidenced its objection to it. . . . [I]t. . . evidence[d] its willingness to make a new agreement .... [Landlord] from the start, evidenced, not a willingness to waive . . . but a willingness to lease the land encroached upon, and, if that extended lease were arrived at, to continue the lease on the original parcel. We cannot impose on [landlord] a penalty for a reasonable effort to achieve an amicable adjustment of the breach.” (Id., at p. 754.)

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