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Cal. Civ. Code § 1995.260

Restrictions on Transfer

Applied in 2 court decisions — leading case 31 Cal. App. 4th 1323 - Regency Outdoor Advertising, Inc. v. Carolina Lanes, Inc. (1995)

Most recently applied in Melissa Holdings, Inc., (Erroneously Identified as Development Partners, Inc., Formerly Known as Wilshire Masterpiece, Inc., Formerly Known as Wilshire-Canon, Inc., Formerly Known as 338 Rodeo Corporation), a California Corporation and Liberty Service Corporation, a California Corporation v. Jpl Properties, a Purported California General Partnership Lorraine Howell, an Individual Arthur G. Lawrence, an Individual Dr. Karl H. Sturckow, an Individual, Jpl Properties, a California General Partnership Arthur G. Lawrence Lorraine Howell and Karl H. Sturckow, Cross-Complainants-Appellants v. Federal Deposit Insurance Corporation (Formerly Known as Resolution Trust Corporation), as Receiver for Columbia Savings and Loan Association, 338 Rodeo Corporation, Wilshire-Canon, Inc., Cross-Defendants, and Scott v. Ogilvie and Thomas Harrison, Cross-Defendants-Appellees. Melissa Holdings, Inc., (Erroneously Identified as Development Partners, Inc., Formerly Known as Wilshire Masterpiece, Inc., Formerly Known as Wilshire-Canon, Inc., Formerly Known as 338 Rodeo Corporation), a California Corporation and Liberty Service Corporation, a California Corporation, Plaintiffs-Cross-Defendants-Appellants v. Jpl Properties, a Purported California General Partnership Lorraine Howell, an Individual Arthur G. Lawrence, an Individual Dr. Karl H. Sturckow, an Individual, Defendants-Cross-Complainants-Appellees, Melissa Holdings, Inc., (Erroneously Identified as Development Partners, Inc., Formerly Known as Wilshire Masterpiece, Inc., Formerly Known as Wilshire-Canon, Inc., Formerly Known as 338 Rodeo Corporation), a California Corporation and Liberty Service Corporation, a California Corporation v. Jpl Properties, a Purported California General Partnership Lorraine Howell, an Individual Arthur G. Lawrence, an Individual Dr. Karl H. Sturckow, an Individual, Jpl Properties, a California General Partnership Arthur G. Lawrence Lorraine Howell and Karl H. Sturckow, Cross-Complainants-Appellants v. Federal Deposit Insurance Corporation (Formerly Known as Resolution Trust Corporation), as Receiver for Columbia Savings and Loan Association, 338 Rodeo Corporation, Wilshire-Canon, Inc., Development Partners, Inc., and Scott v. Ogilvie, Cross-Defendants-Appellees. Melissa Holdings, Inc., (Erroneously Identified as Development Partners, Inc., Formerly Known as Wilshire Masterpiece, Inc., Formerly Known as Wilshire-Canon, Inc., Formerly Known as 338 Rodeo Corporation), a California Corporation and Liberty Service Corporation, a California Corporation v. Jpl Properties a Purported California General Partnership Lorraine Howell, an Individual Arthur G. Lawrence, an Individual Dr. Karl H. Sturckow, an Individual, Arthur G. Lawrence, Cross-Complainant v. Jpl Properties, a California General Partnership Lorraine Howell Karl H. Sturckow, Cross-Complainants-Appellants v. Federal Deposit Insurance Corporation, (Formerly Known as Resolution Trust Corporation), as Receiver for Columbia Savings and Loan Association, 338 Rodeo Corporation, Wilshire-Canon, Inc., Development Partners, Inc., and Scott v. Ogilvie, Cross-Defendants-Appellees (March 1996)

Added by Stats. 1989, Ch. 982, Sec. 2.

If a restriction on transfer of the tenant’s interest in a lease requires the landlord’s consent for transfer but provides no standard for giving or withholding consent, the restriction on transfer shall be construed to include an implied standard that the landlord’s consent may not be unreasonably withheld. Whether the landlord’s consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant’s written request for a statement of reasons for withholding consent, the landlord has failed, within a reasonable time, to state in writing a reasonable objection to the transfer.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.