Blanch

Blanch v. Young

Good Law
152 Cal. App. 3d 1016·1984 Cal. App. LEXIS 1729·200 Cal. Rptr. 9
Court of Appeal of CaliforniaMarch 8, 1984Civ. 30480California957 words

Opinion

Opinion

Crosby, J.

Plaintiff appeals from summary judgment in favor of defendant attorney in a legal malpractice action.

The subject matter of this action is a renewable five-year lease of commercial real property which ran from August 4, 1975, to August 4, 1980. The master lease granted the original tenant the right to renew “[a]t the expiration of this lease” for an additional five years, from August 4, 1980, to August 4, 1985, at the same $500 monthly rent. It did not contain an antiassignment or antisublease clause, nor was the time or method of exercising the renewal option specified. The original tenant first sublet the premises to “Fender Bender, Inc. Daniel Lee Blanch, Pres.” and then assigned his interest in the lease to Blanch.

The sublease gave Blanch the right to renew the lease for five years at $500 per month, provided the option was exercised in writing at least 90 days before the lease expired. The assignment gave Blanch “all [the original tenant’s] right, title and interest” in the master lease.

After obtaining the assignment, Blanch sublet the premises to a third person, who also had the option to renew the sublease for five years at $500 per month on the same…

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