Kagan v. Zablen
Landlord Julian Zablen (Zablen) previously sued tenant Yisroel David Kagan for breach of a commercial lease. Judgment was entered for Zablen, a writ of possession was issued, and Kagan vacated the premises.
Kagan appealed. This court reversed the judgment, holding Zablen’s stated reason for declaring Kagan’s default under the lease did not, as a matter of law, constitute a material breach of the lease. By that time, however, Zablen no longer owned the real property at issue and could not restore Kagan to his rights under the lease.
Kagan then filed this lawsuit seeking damages for Zablen’s breach of the lease and for various tort causes of action. The trial court sustained Zablen’s demurrer to Kagan’s tort-based claims. Kagan challenges that ruling as to one of those causes of action. Finding no error, we affirm the order sustaining the demurrer.
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