Michelson v. Corp. of the Presiding Bishop
Filed 5/18/06 2151 Michelson v. Corp. of the Presiding Bishop CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
2151 MICHELSON, Plaintiff and Respondent, v. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Defendant and Appellant. | G035864 (Super. Ct. No. 04CC05362) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Eleanor M. Palk, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed and remanded.
Kirton & McConkie, Eric C. Olson, Alexander Dushku, Christopher S. Hill; Latham & Watkins, Jon D. Anderson, and Jordan B. Kushner for Defendant and Appellant.
Malat & Malat, Gerald A. Malat; and Daniel C. Leib for Plaintiff and Respondent.
* * *
Waiver is the central issue in this appeal. The trial court applied the waiver doctrine to bar a lessor from adjusting the annual rent on a commercial ground lease until at least 2017. We conclude this was error. As we will discuss, post, the party attempting to prove waiver must establish either the other party's actual, voluntary relinquishment of a known right or â€
