West

Sylvia West’s sandwich shop failed, and she moved out of the Sunray Plaza pad she had leased. The owner of Sunray Plaza sued for breach of the lease, and West cross-complained against the owner and The Henderson Group (Henderson), the leasing agent. Her cross-complaint was dismissed after the court determined West had not brought her action within the six-month limitation period provided for in the lease. On appeal, she argues the contractual limitation of actions is inapplicable because she seeks to rescind the lease based on Henderson’s fraud in the inducement. In the alternative, she contends the six-month limitation of actions is unconscionable and should not be enforced.

We affirm the judgment against West. The parol evidence rule prevents her rescission of the lease because Henderson’s alleged fraudulent misrepresentations are contradicted in the subsequent written lease. Furthermore, for reasons discussed later, the six-month limitation of actions was not unconscionable. Since the contractual limitation of actions was enforceable, the court properly concluded it barred West’s action.

Facts

In early 1985, West decided to open a sandwich shop in the Sunrise area…