California Court of Appeal

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MINER v. TUSTIN AVE. INVESTORS, LLC, G031703, G032006

Where an ambiguous Lease and Estoppel Certificate constitute the contract to be interpreted, and no extrinsic evidence is offered to explain the ambiguity, the language is interpreted against defendant-landlord, whose predecessor drafted both documents. Because defendant failed to establish that plaintiff-tenant did not have an option, summary judgment for defendant is reversed.

Appellate Information

  • Decided 02/27/2004
  • Published 02/27/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Terry A. Jones for Plaintiff, Cross-defendant and Appellant., Grant & Morasse and Desmond J. Collins for Defendant, Cross-complainant and Respondent.