Ross Dress for Less, Inc., represented by Buchalter, prevailed in a lease dispute with its landlord, a subsidiary of Triple Five. Triple Five, which develops, owns and manages the world’s largest retail complexes, including the Mall of America, argued that a rent reduction provision in its lease with Ross was unenforceable, based upon a recent California Court of Appeal case. The challenged lease provision provided for Ross to pay less rent if the shopping center anchor tenant, a grocery store, closed and was not replaced by a comparable tenant. The District Court sided with Ross and agreed that the lease rent reduction provision was enforceable and the Court of Appeal decision did not apply. The court ruled in favor of Ross on all claims.
Buchalter’s team was led by Shareholder Glenn Zwang and Senior Counsel Valerie Bantner Peo.