Thrifty Payless v. Americana at Brand

Filed 7/19/13; pub. order 8/14/13 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THRIFTY PAYLESS, INC., B242573

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC468465) v.

THE AMERICANA AT BRAND, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Malcolm H. Mackey, Judge. Reversed. Snell & Wilmer, Mary-Christine Sungaila; Corfield Feld, Richard G. Feld and Michael A. Corfield for Plaintiff and Appellant. Gordon & Rees, Theresa A. Kirstovich, Eleanor M. Welke and Joel M. Moskowitz for Defendant and Respondent. —————————— Plaintiff Thrifty/Payless, Inc. (Thrifty) dba Rite Aid, is a tenant of defendant Americana at Brand‘s (Americana) eponymous shopping center in Glendale. Negotiations held through letters of intent before the execution of Thrifty‘s lease contained Americana‘s per square foot estimates concerning Thrifty‘s probable pro rata share of property taxes, insurance, and common area maintenance (CAM). The final lease stated that Thrifty would pay its pro rata share of such…