Waring Plaza Properties, L.P. v. Ross Dress for Le
Defendant and appellant Ross Dress for Less, Inc. (Ross) appeals the judgment entered by the trial court in which it ordered Ross to pay back rent, interest and attorney fees to plaintiff and respondent Waring Plaza Properties, LP. (Waring Plaza). In 1992, Ross rented a space in the Fred Waring Plaza (Plaza), a Palm Desert shopping center, with DSL Service Company (DSL). Ross signed a lease with DSL, which had several option periods to extend the lease (Lease). Pursuant to the terms of the Lease, DSL represented that the shopping center was to have an anchor tenant, which, in 1992, was a Mervyns store. Charles Amash purchased the Plaza in 1993. Charles transferred ownership to Waring Plaza.
In 2008, Mervyns closed and Ross, claiming a right under the terms of the Lease, reduced the amount of rent it was paying to Waring Plaza to an amount equal to two percent of its gross monthly sales, which Ross identified as “Substitute Rent.”
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