Culver Center Partners East 1, LP v. BAJA FRESH WESTLAKE VILLAGE, INC.
Opinion
Opinion
Perluss, J.
Culver Center Partners East #1, L.P. (Culver Center) sent by e-mail a notice to pay rent or quit to the leasing manager of its tenant, Baja Fresh Westlake Village, Inc. (Baja Fresh). The parties’ lease authorized electronic service of notices, as well as service by personal delivery and certified mail, but did not identify an individual to whom notice should be directed or provide an electronic notification (e-mail) address at which Baja Fresh agreed to accept service. Although Baja Fresh actually received the notice, the trial court granted Baja Fresh’s summary judgment motion in this unlawful detainer action because Culver Center failed to present any evidence the electronic notice had been delivered to the street address specified in the parties’ lease. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Lease
On May 16, 2001 Baja Fresh entered into a five-year commercial lease with Culver Center’s predecessor in interest, Westside Walk, LLC, to occupy the property located at 10768 Venice Boulevard in Culver City (the property). On January 18, 2006 Baja Fresh exercised its option to extend the term of the lease through August 31, 2011.