section 6

Citation: section 6
Parent Document: 250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005)
Jurisdiction: California (state)
Effective Date: 2005-07-28
Original Source: https://www.courtlistener.com/opinion/2281319/250-llc-v-photopoint-corpusa/ ↗

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Sherwood’s interpretation of section 1950.7 is also supported by the timing of the statute’s enactment and the evolution of the statute’s language. Since section 1950.7 went into effect before section 1951.2, the term “rent” as used in section 1950.7 cannot plausibly be taken to refer to future rent damages under section 1951.2. Section 1950.7 was originally enacted as section 1951, which became effective January 1, 1971. (See Stats. 1970, ch. 1317, § 1, p. 2453.) Section 1951.2, however, did not go into effect until July 1,1971. (Stats. 1970, ch. 89, §§ 2, 14, pp. 104-105,107.) Before section 1951.2 became effective, a landlord had no right to terminate a lease for a tenant’s breach, and then sue for lost rent; if the lease were terminated due to the tenant’s breach, the landlord’s right to the remaining rent terminated as well. (Recommendation Relating to Real Property Leases (Nov. 1969) 9 Cal. Law Revision Com. Rep. 153, 157-159 (hereafter Recommendation).) It thus appears that the word “rent” as used in section 1950.7 means unpaid rent that has accrued under the lease, and does not include section 1951.2 damages for the loss of rent payable after the lease is terminated. (See In re Lomax, supra,

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