Foster City Blvd. Partners v. Applied Biosystems,
A landlord, 384 Foster City Boulevard Partners (FCB Partners), sued its former tenant, Applied Biosystems, LLC (Applied Biosystems), for lost rent damages it incurred due to the inability to lease the premises after Applied Biosystems failed to repair and restore the leased premises at the end of the lease. In response to Applied Biosystems’s demurrer to the third amended complaint, the trial court applied then-recently-enacted Code of Civil Procedure section 430.41 (which limits a plaintiff to three amendments to a complaint before the case is at issue (§ 430.41, subd. (e)(1)), sustained the demurrer without leave to amend, and entered judgment for Applied Biosystems. FCB Partners filed a motion for a new trial. The court reconsidered its position, concluded that its prior order was an error of law and granted FCB Partners’s motion. Applied Biosystems appeals from the grant of the new trial motion. We affirm.
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