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