Opinion | Retail Co-Tenancy Clause Survives Challenge Before California High Court

(Subscription required) The Supreme Court of California recently upheld the validity of the co-tenancy clause of a retail lease and its alternative rent structure in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, No. S275843, 2024 WL 5164746 (Cal. Dec. 19, 2024), determining that the landlord held the requisite control under the associated lease agreement with the co-tenant because that co-tenant was located on property owned by that landlord.