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California Court of Appeal


Jeffrey Kavin, Inc. v. Frye, B230076

In an action for breach of an agreement for lease of commercial premises, judgment in favor of the lessees is affirmed, where: 1) an attempt by a nondefendant lessee to exercise an option to extend the lease by written notice was ineffective and not binding on the defendant lessees; 2) the option could not be exercised as to the defendants by the conduct of the nondefendant lessee; and 3) the lessor consented to the nondefendant lessee's continued occupancy of the premises, so a holdover provision providing for a monthly rent of 200 percent of the base rent did not apply.

Appellate Information

  • Decided 03/05/2012
  • Published 03/05/2012

Judges

  • Mosk

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Wheeler & Sheehan, Timothy R. Vrastil

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