Amoroso

Amoroso v. Cal. Dept. of Transporation CA4/1

Good Law
Court of Appeal of CaliforniaAugust 29, 2013D062099California772 words

Opinion

Opinion

Benke, J.

facts that (i) Amoroso vacated the leased property, (ii) her right to possession has been

finally adjudicated, and (iii) the subject of her lease has been demolished, we are unable

to provide her with any effective relief from the order dissolving the temporary

restraining order. Accordingly, we dismiss Amoroso's appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2009, Amoroso signed a lease with the prior owner of the building where

she operated a dance studio. The building was located in the Sorrento Valley area of San

Diego and, by its terms, Amoroso's lease expired on December 31, 2011. A provision of

the lease, paragraph 47 states: "Lease Term Extension: Lessee shall have the 'first right

of refusal' to extend the lease term for an additional five (5)–year period with the monthly

rent to be set at prevailing 'market rent' for the Sorrento Valley area. At the end of the

lease term, if the lessor still owns the 11777 Sorrento Valley Road building, is in a legal

position to extend the lease terms, then Lessee shall have the 'first right of refusal' to lease

1 We grant Amoroso's request for judicial notice…

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