Dey

FACTS

Plaintiff Sandra Johnson was a trustee of the Martha H. Marsh Revocable Trust, the owner of the property. She died during this litigation, in August 2021, and her sister Penny Dey became the trustee and plaintiff. (At trial, the parties sometimes referred to Ms. Johnson as “the former landlord.”) Ten years earlier, in August 2011, the trust as lessor and Kala Construction, Inc. as tenant entered into a commercial lease of an office and utility yard in the City of La Verne. Robert Matheka signed the lease for the tenant. Mr. Matheka is the defendant. (A default judgment was entered against Kala Construction.) The lease was for a one-year term beginning September 1, 2011, and ending September 1, 2012, “with self renewing clause or 30 day notice in writing, prior to lease end.” Rent was $2,300 per month, with a 6 percent service charge if not paid by the fifth day of

2 each month. “Each year during the term of this lease and any extensions of it, beginning with the second year of the lease, the monthly rental for the twelve months commencing on September 1, 2012, shall be increased” by an amount “to be determined at that time, by approval of both parties.” (Underscore…