California Court of Appeal

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Ginsberg v. Gamson, B222284

In a suit concerning a commercial real estate lease, the portion of the trial court's judgment adjudicating the landlord's claims for declaratory relief is reversed, and its order striking the punitive damage award against her is affirmed, where: 1) the statute of limitations did not bar the declaratory relief claims; 2) the option to extend in the lease did not unequivocally establish an intent to create a right to unlimited extensions; 3) the option, properly construed, created a right to only one extension; and 4) the trial court properly struck the punitive damages award, since there was no tort claim at issue entitling the lessee to punitive damages, and tort damages were not available for the breach of contract at issue.

Appellate Information

  • Decided 04/30/2012
  • Published 04/30/2012

Judges

  • Bigelow

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Epstein Turner Weiss, Claremont Law Group