A former landlady has accused San Francisco Giants pitcher Tim Lincecum of causing at least $200,000 in damages to a property Lincecum rented from May 2010 to February 2011.
However, Lincecum has denied the allegation and is prepared to make his case in the court system. But a provision in Lincecum's lease contract seems to be putting the whole ordeal on hold.
From The Splash:
Lincecum invoked that provision after landlady Mindy Freile sued him in October 2011. She claimed he had damaged “bedding, doors, carpet, pillows, kitchenware, linens, furniture, household appliances, art work, decorations, patio furniture, lights, lamps and mirrors, among other things’’ around the time his lease expired.
The case has stayed on hold while the courts decide where it belongs. A Superior Court judge refused to order arbitration last March, and the First District Court of Appeal reached the same conclusion last week.
The court said California law refuses to recognize any provision of a lease or rental agreement in which the tenant agrees to give up any “procedural rights in litigation.’’ That includes the right to have any lawsuit heard by a judge and jury, and it means the arbitration clause in Lincecum’s lease is unenforceable, the court said in a 3-0 ruling.
Peter Bransten, Lincecum's lawyer, said that he didn't believe the ruling had anything to do with the credibility of their argument in the suit. He also added that he believes the case will eventually be litigated in the trial court.
The 28-year-old pitcher is entering his seventh MLB season of his career in 2013. He has spent that whole time with the Giants and has been named an All-Star on four occasions and the National League Cy Young Award winner on two other occasions. Lincecum is also a two-time World Series champion.
Via The Splash