Legal Question in Business Law in California

State of CA violates and breaches lease agreement.

We are leasing a industrial office space to State of Ca. for their parollees and recently came to find out that they are illegally having their ex sexoffenders sleep there without asking us. This area is not zoned residential and they are in breach and violation of the lease. I want to know is there is some thing for you and us both in there to sue or get court injuction. Thank you very much, would like your opinion on the matter.


Asked on 7/03/06, 8:28 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: State of CA violates and breaches lease agreement.

First, I think the state is likely immune from a private suit trying to enforce a local zoning ordinance against it. That would be like the duke criticizing the king.

However, I think the situation you describe may be a breach of contract, and could warrant an injunction or, more likely, a writ of mandate.

Bringing a suit against the State of California or any of its departments or agencies requires complying with the Tort Claims Act (yes, even a contract claim), mainly by giving prior notice in a certain format and certain level of detail.

Before retaining a lawyer to sue the Department of Corrections, be sure he/she has experience in complying with the Tort Claims Act and in the area of administrative mandamus.

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Answered on 7/03/06, 8:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: State of CA violates and breaches lease agreement.

Aside from your various legal remedies, I would start by calling your local TV station. I think attorney Whipple missed the issue of a lawsuit under 42 USC 1983 for violating your civil rights. Consult an attorney experienced in 42 USC 1983 civil rights law.

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Answered on 7/03/06, 10:29 pm


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