Berdakin v. Consulado de la Republica de El Salvador
United States District Court for the Central District of California
912 F. Supp. 458 (1995)
- Written by Catherine Cotovsky, JD
Facts
Daniel Berdakin (plaintiff) sued the Consulado de la Republica de El Salvador (the consulate) and Consul General Gerardo Sol Mixo (the consul) to recover unpaid rent after the consulate breached its lease with Berdakin for office space in Los Angeles. The consul executed the six-year lease on behalf of the consulate in 1992, but the consulate stopped paying rent and moved its operations to another space in 1995, prior to the expiration of the lease term. Berdakin filed his complaint, and the consul and consulate moved to dismiss on the grounds that the court lacked personal and subject-matter jurisdiction. The consul and consulate argued that they were entitled to immunity from suit via the Foreign Sovereign Immunities Act (FSIA) and the Vienna Convention on Consular Relations (Vienna Convention) because the consul was acting within his official consular duties when he entered the lease.
Rule of Law
Issue
Holding and Reasoning (Wilson, J.)
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