Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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space without Management’s prior written consent. Vendor will forfeit his
entire Security Deposit if he violates this clause and sells, transfers or
assigns his space without the consent of Management. . . . Management
shall not unreasonably withhold consent to assignment of the License
Agreement. . . .”
      Paragraph 15 states, among other things, “Management reserves the
sole right to terminate this license agreement for any violations of this
License Agreement or any rules and regulations in effect. . . . Vendor’s
Security Deposit is not to be used as Vendor’s final month’s rent unless
approved by Management. Management reserves the sole right to apply
Vendor’s security deposit toward any monies owed for the free rent or rental
concession period . . . .”
      Paragraph 17 states, “Management reserves the right to cancel this
License prior to the commencement of the term on three (3) days written
notice.”
      Paragraph 22 states, “All merchandise and other property must be
removed from the Vendor’s space and the Swap Meet premises at the end of
the term,” and provides a handling and storage fee for failing to do.
      Finally, Paragraph 24 contains an attorney fees provision, which
states, “In the event it becomes necessary to institute legal proceedings to
enforce the terms of this License, the prevailing party shall be entitled to an
award of Attorney’s fees and court costs.”
      According to Aljabban, he was not involved in running the salon, but he
spoke with Shapiro in July 2011 before the parties entered into the vendor’s
permit. As Aljabban testified, he asked Shapiro for a 20-year lease, but
Shapiro told him that FISM does not enter into long-term leases, although
there would be an option to renew the vendor’s permit as long as the rent was

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