Borden, LLC v. Elegant Fireplace Mantels CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. The Lease

Elegant Fireplace Mantels, Inc. (Elegant Fireplace) makes and installs decorative, concrete fireplace mantels. Prior to July 2017, Eytan Libesman and Mark Tzalka ran Elegant Fireplace.

Libesman and Tzalka parted ways in July 2017, with Libesman assuming sole ownership of Elegant Fireplace.

2 On March 1, 2016, Elegant Fireplace began to operate in 16,665 square feet of warehouse space in the San Fernando neighborhood of Los Angeles under a written form lease. The lease identifies Borden LLC as the landlord/lessor. The lease is less clear in identifying the tenant/lessee: -- The preamble to the lease identifies the “Lessee” as “Elegant Fireplace Mantels, Inc. (Eytan Libesman/Mark Tzalka).” -- The signature page at the end of the lease states that it was executed “By LESSEE:” “Elegant Fireplace Mantles, Inc.” and, on a separate line, “Eytan Libesman.” The signature blocks are executed “[b]y” Libesman with the “Title” of “President” and “[b]y” Tzalka with the “Title” of “Secretary.” -- Attached to the lease are several addenda—namely, regarding rent adjustments, options to extend, tenant improvements, and energy…