Exculpatory Clause Cited in Court's Decision in Favor of Landlord

LOS ANGELES - A California appellate court cited the exculpatory clause in a commercial lease in granting summary judgment for a landlord sued by a tenant for water damage and mold blamed on a leaky roof. Westside Oak Furniture v. Larwin Group LLC, No. B212291 (Calif. Ct. App., 2nd Dist.).

The Second District Court of Appeal ruled on April 23 that the clause shields the landlord from simple negligence and that it would not consider whether the clause would apply to the tenant's claims of fraud, concealment and breach of the covenant of quiet enjoyment because those causes of action …