Batshon

BACKGROUND

The Declaratory Relief Action Najib Batshon and Nadim Batshon, the owners of a commercial building located in Belmont, California, brought suit for a single count of declaratory relief against their tenant, Rangoon Ruby Investment, LLC.

1 They alleged the existence of a dispute as to whether the parties’ lease incorporated the terms of a proposed written addendum (entitled “Addendum A”) pursuant to which Rangoon Ruby claimed a right to remain in possession of the property after the lease’s five-year term had expired. The Batshons sought a declaration that the addendum was invalid and not binding because it required the parties’ signatures and yet neither party signed it. They allegedly had not participated in its drafting, had not agreed to it, had so advised the tenant when presented with it and were unwilling to sign it. They alleged that Rangoon Ruby had created the proposed addendum unilaterally, after the parties had “failed to agree to amending the lease to include an option and the terms of the option.” The Lease It is undisputed the parties entered into a signed written lease dated July 1, 2015, which is a standardized form contract promulgated by the AIR…