Frittelli, Inc. v. 350 North Canon Drive, LP

In Frittelli, Inc. v. 350 North Canon Drive, LP (2011) 202 Cal.App.4th 35, the lessee operated a store within a shopping center and alleged that its business had been "destroyed" by the lessor's extensive remodeling project that had "impeded customers from seeing and visiting the shop . . . . " (Id. at p. 42.) The parties' lease contained an exculpatory clause which provided that "'notwithstanding the negligence or breach of the lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances for: (i) injury or damage to the person . . . or property of Lessee . . . or (iii) injury to Lessee's business or for any loss of income or profit therefrom.'" (Id. at p. 45.) The lessor moved for summary judgment, contending that "the lessee's claims failed in view of the general exemption for lessor liability in paragraph 8.8 . . . . " (Id. at p. 40.) The trial court granted summary judgment for the lessor, holding that the exculpatory provision exempted the lessor from liability for breach of the lease under the facts alleged. (Id. at p. 39-40.) The Court of Appeal affirmed, finding that the exculpatory language in the lease barred the lessee's claims for damages arising out of the shopping center renovation which allegedly destroyed the lessee's business.