Muzzi v. Bel Air Mart CA3
This lawsuit seeks coercive relief to enforce a declaratory judgment obtained in a prior lawsuit.
In the prior declaratory relief action, commercial landlords of a shopping center sought a declaratory judgment that their tenant, defendant Bel Air Mart, was violating the lease by keeping in the common area behind the store, racks, bins, carts (operational equipment) for loading and unloading merchandise and trash. The trial court found such use permissible. In a prior appeal, we disagreed and held the lease allowed loading and unloading but precluded Bel Air from “commandeer[ing]” the common area “for its own storage purposes” beyond loading and unloading. (Muzzi v. Bel Air Mart (2009) 171 Cal.App.4th 456, 466-467 (Muzzi I).) On remand, the trial court issued an amended declaratory judgment that the lease did not allow “storage” in the common area beyond loading and unloading.
Comments on Muzzi v. Bel Air Mart CA3