§ 3513

Citation: § 3513
Parent Document: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction: California (state)
Effective Date: 2008-10-29
Original Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ ↗

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The second part of paragraph 6(b) continued with a provision obligating tenant not to impede landlord’s attempts to restore the property to a lawful condition. Beginning with subsection (5), the paragraph described landlord’s activities with which tenant must not interfere as: “any efforts undertaken by [landlord] to modify the Premises, in any way necessary to bring same into compliance with the requirements of law and/or to comply with any existing or future order, directive, or requirement of any governmental or administrative agency including, but not limited to, the Order To Comply issued by the County of Los Angeles Department of Building & Safety, dated May 28, 1998, or to otherwise modify the Premises to make them legal.” The jury found tenant had breached the settlement agreement by violating paragraph 6(b). Tenant contends paragraph 6(b) is void because it violates Civil Code section 1953, which prohibits a tenant from waiving a future cause of action against a landlord. That statute provides: “Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: [][]... [f] (2) His right to assert a cause of action against the lessor which may arise in the future.” (Civ. Code, § 1953, subd. (a)(2).) Hence, tenant concludes, we *1376

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