California Court of Appeal

In homeowners' suit against trustees, seeking a judicial determination about the definition of "leased land" in single-unit ground leases, trial court's judgment in favor of the trustees is reversed and remanded where: 1) because there is no conflict in the extrinsic evidence, and no issues of credibility, and given the plain language in each of the ground leases its plain meaning, and applying the facially clear language as it has been drafted, there is no contextual ambiguity; and 2) because the definition of "leased land" is clear and unambiguous and excludes parcel two, the homeowners have no need to reform the ground leases based on unilateral mistake, and this moots their appeal from the judgment on the pleadings on their cause of action for unilateral mistake.

Appellate Information

• Decided 10/18/2010
• Published 10/18/2010

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William E. Baker, Jr, Michael H. Leifer