Marts v. Tong
The dispute centers on whether the two entrepreneurs could open their sandwich shop given limited parking space serving the building. The entrepreneurs, plaintiffs, claimed in their complaint that a certain section of the Costa Mesa Municipal Code (S 13 to 89) requires that there be at least ten parking spaces for a food and beverage establishment with more than 300 square feet of public area, but, because of "restrictions of space and existing obligations" the building could not accommodate that required parking. According to the owner of the building, its manager, knew or should have known that their sandwich shop would require more than 300 square feet of public area, knew or should have known that the building did not have adequate legal parking, but didn't tell them, and in fact, by entering into the lease, "constructively represented" that there was enough space when there really wasn't.
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