8451 Melrose Property v. Akhtarzad CA2/8

facts in the light most favorable to the judgment.” (Fulton v. Medical Bd. of California (2010) 183 Cal.App.4th 1510, 1513.) In March 2008, Melrose and Akhtarzad entered into a lease for a commercial retail property at 8451 Melrose Avenue. The lease was for an 11-year term, with two five-year options to extend. The tenant was to pay a fixed minimum annual rent of $660,000, with three percent increases each year. As a “triple net” lease, the tenant was also responsible for additional charges, defined as “all charges, fees and expenses and other amounts” due under the provisions of the lease, including expenses associated with the property and real estate taxes. The lease indicated Akhtarzad would use the property as a “selective, first-class retail development.” The parties anticipated Akhtarzad would engage in construction or renovation at the

2 property. The lease accordingly included a substantial section regarding the terms and conditions of the improvements to be undertaken. In January 2009, rent for the property was due. Akhtarzad told Simantob he could not pay the rent and had no potential subtenants for the property. In February 2009, Melrose’s attorney sent Akhtarzad a…