Patel

Plaintiffs commenced this action for declaratory relief. The trial court sustained defendant’s demurrer to the complaint with leave to amend. Plaintiffs having declined to amend within the time ordered, the court entered judgment dismissing the action, Plaintiffs appeal from the judgment.

Questions Presented

1. The trial court had jurisdiction.

2. A cause of action for declaratory relief is stated.

Record

In complaint for declaratory relief filed in the San Mateo County Superior Court the following facts are alleged: Appellants are the fee simple owners of a piece of real property located in South San Francisco that is commonly known as the “Golden Eagle Hotel.” Said real property was subject to a lease for a fixed term to commence on January 1, 1967, terminating on December 31, 1971. This lease was executed by appellants’ predecessor in tide, as lessor, and respondent, as lessee. Section 29 of the lease grants the lessee an option to renew the lease for five years. Under the terms of section 29, the amount of rent to be paid during the renewal period is to be agreed upon by the parties and if they are unable to reach an agreement, the matter is to be submitted to…