Kendall v. Ernest Pestana, Inc.

709 P.2d 837 (1985)

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Kendall v. Ernest Pestana, Inc.

California Supreme Court
709 P.2d 837 (1985)

SC
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Facts

Bixler was subleasing hangar space at the San Jose Airport from Ernest Pestana, Inc. (defendant). Bixler then entered into an agreement to sell his business, including the lease, to Kendall (plaintiff). Ernest Pestana refused to consent to the assignment of the lease to Kendall. Kendall then brought suit seeking a declaration that Ernest Pestana’s refusal to consent to the assignment was unreasonable and therefore invalid as an unlawful restraint on alienation. The lower court found in favor of Ernest Pestana. Kendall appealed.

Rule of Law

Issue

Holding and Reasoning (Broussard, J.)

Dissent (Lucas, J.)

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