Childs

Childs v. Eltinge

Good Law
105 Cal. Rptr. 864·1973 Cal. App. LEXIS 1237·29 Cal. App. 3d 843
Court of Appeal of CaliforniaJanuary 5, 1973Civ. 11973California5,377 words

Opinion

Opinion

Kaufman, J.

Plaintiffs appeal from an order of the Riverside Superior Court dismissing their action for unlawful detainer.

Pertinent Facts

Plaintiffs are the lessors and defendants the lessees in a ground lease of property in Riverside County upon which lessees, pursuant to the lease, have constructed a shopping center. The term of the lease is from May 1, 1964, to October 31, 2025. Rent payments for the first five years were specified and are not in dispute. The lease contains provisions, however, for an adjustment of the rent at the end of the first five years and at the end of each five-year period thereafter at the option of the lessor. The additional rent, if any, is payable annually commencing June 14, 1970. The formula for calculating the amount of such additional rent, if any, is based upon the appraised value of the real property exclusive of improve ments. The lease prescribes procedures for ascertaining such appraised value.

Between October 1968 and August 31, 1970, each of the parties took certain actions purportedly in accordance with the appraisal procedures provided for by the lease resulting in a majority appraisal of.$525,000 which, if correct, would require…

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