Mark Johnson and Bessie Fakhri Write on California Supreme Court Upholding Cotenancy Clause in Reuters' Westlaw Today

Seyfarth’s Mark Johnson and Bessie Fakhri co-authored an article, “California Supreme Court upholds cotenancy clause in retail lease as providing alternative rent structure,” in Thomson Reuters’ Westlaw Today on March 6. The Seyfarth attorneys discussed the recent California Supreme Court opinion holding that a cotenancy provision in a retail shopping center lease was enforceable because it merely provided for an alternative method of performance in the form of reduced rent when a cotenancy failure occurs.

“This case has important implications for not only California retail landlords and tenants, but more broadly for parties throughout the country given the prevalence of cotenancy provisions in retail leases.”

The full article is available here.