Park v. Landmark Equity Management
Two commercial tenants sued their landlord for failing to properly maintain the building. The tenants shops were damaged by water, forcing them out of business. The trial court sustained the landlords demurrers to the second amended complaint, without leave to amend. On appeal, the tenants ask for leave to file a third amended complaint. Court affirm the order of dismissal. There is no reasonable possibility that the tenants can succeed by amendment because their lease agreements expressly (a) make the tenants responsible for repairs, and (b) exempt the landlord from liability for damage to the tenants property or loss of income.
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