Tufeld Corp. v. Beverly Hills Gateway, L.P.
Annotate this Case
Plaintiff, cross-defendant, and appellant Tufeld Corporation (Tufeld) is the landlord. Defendant, cross-complainant, and cross-appellant Beverly Hills Gateway L.P. (BHG) is the tenant. The subject lease, as amended, has a term greater than 99 years. This contravenes Civil Code section 718,1, which provides in the relevant part: “No lease or grant of any town or city lot, which reserves any rent or service of any kind, and which provides for a leasing or granting period in excess of 99 years, shall be valid.” The main issue on appeal is whether a lease that violates section 718 is void or voidable.
The Second Appellate District affirmed in part and reversed in part and the matter is remanded for the trial court to consider whether to grant BHG prejudgment interest on restitution. The court held that the part of the lease exceeding 99 years is void. The court reasoned that here contrary to BHG’s assertion, section 718 does not only protect tenants; it protects landlords too. Moreover, the legislative purpose of section 718 serves to promote a public benefit. The private benefit exception does not apply to section 718.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.