Logourl black
From our private database of 13,800+ case briefs...

Hadian v. Schwartz

Supreme Court of California
884 P.2d 46 (1994)


Facts

On April 14, 1984, Edward Schwartz (defendant) leased commercial property from Rose Hadian (plaintiff). The term of the lease was for three years at $650 per month, with the option to renew for five more years at $800 per month. The parties used a form lease with pre-printed provisions. They struck out certain provisions, including a warranty that the property did not violate building codes, regulations or ordinances, as well as a warranty regarding the plumbing, lighting, and heating conditions. Furthermore, the parties struck out a provision requiring the lessee to pay property taxes. Instead, the parties arranged for Hadian to pay the property taxes while Schwartz was to pay any increase in property taxes during the term of his lease. The lease also contained provisions requiring Schwartz to comply with any applicable statutes, ordinances, and other requirements regulating his use of the property. Additionally, Hadian was relieved of any obligation to repair or maintain the property. After the three-year term expired, Schwartz exercised his option to renew for another five years. About five months later, the City of Los Angeles informed Hadian that the building was susceptible to earthquake damage. In order to comply with the city’s earthquake hazard reduction program, enacted a few years prior to the signing of the lease, the building required seismic reconstruction. Hadian paid $34,450.26 to reconstruct the building’s frame and to replace the roof and requested that Schwartz indemnify her for the cost. When Schwartz refused, Hadian brought a breach of contract suit against Schwartz to recover the cost. The trial court found in Hadian’s favor. The Court of Appeal affirmed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Arabian, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.