Blanchard
Airport Plaza, Inc. v. Blanchard
Opinion
Opinion
Thompson, J.
Plaintiff and appellant Airport Plaza, Inc. (Airport Plaza or lessee) has appealed from a judgment against it and in favor of defendant and respondent Judson Blanchard (hereinafter Blanchard), entered after a trial before the court sitting without a jury
Facts
The judgment for Blanchard was rendered after trial upon the issues raised in Airport Plaza’s complaint for declaratory relief. In that complaint, Airport Plaza sought a determination that as lessee of the premises of a shopping center from Blanchard, under the terms of a 75-year ground lease, Airport Plaza was entitled to mortgage its leasehold without Blanchard’s written consent. To achieve this objective, Airport Plaza requested a further determination that Blanchard was obligated to grant to any institutional or commercial lender the usual and customary rights requested by such a lender, and to execute estoppel statements advising the lender as to the existing terms of the lease and whether any default then existed under the terms of the lease. Airport Plaza also sought a declaration that it was entitled to assign its interest in the lease to its two shareholders as individuals, and dissolve and liquidate…