Kendall v. Ernest Pestana, Inc.
Supreme Court of California
709 P.2d 837 (Cal. 1985)
Relevant factsFree
Bixler subleased hangar space from Ernest Pestana (defendant) and later agreed to sell his business, including the lease, to Kendall (plaintiff); Pestana refused to consent to the assignment. Kendall sued, seeking a declaration that Pestana's refusal was unreasonable and therefore an invalid restraint on alienation; the lower court ruled for Pestana, and Kendall appealed.
IssueFree
Whether a commercial lessor may unreasonably withhold consent to an assignment of a lease.