California Court of Appeal

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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


  • Mosk


  • California Court of Appeal


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