Gans

Gans v. Smull

Good Law
111 Cal. App. 4th 985·2003 Cal. App. LEXIS 1345·2003 Daily Journal DAR 9906·4 Cal. Rptr. 3d 353·2003 Cal. Daily Op. Serv. 8038
Court of Appeal of CaliforniaAugust 29, 2003B163064California1,849 words

Opinion

Opinion

Spencer, J.

INTRODUCTION

Plaintiffs Martin Gans and Stars Drive-In, Inc. appeal from a judgment dismissing their complaint against defendants L.C. Smull, Robert H. Cowgill and S-C Development. The dismissal followed the sustaining of defendants’ demurrer without leave to amend. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On January 25, 1977, defendants entered into a 25-year lease with plaintiffs’ predecessors in interest for property defendants owned on Sherman Way in Canoga Park. The lease was assigned to plaintiffs on December 1, 1998.

The lease contained an option to extend for two five-year periods. It further provided: “To exercise Tenant’s options to extend, Tenant must notify Landlord in writing on or before 60 days before the date of expiration of the within Lease ....”; “Notices by Tenant to Landlord shall be in writing and deposited in the United States mail, postage prepaid, certified or registered, addressed to Landlord....”

The lease term expired on July 31, 2002. The 60th day before the expiration date was Saturday, June 1, 2002. On Monday, June 3, 2002, plaintiffs attempted to exercise their option to extend the lease by letter sent to defendants by…

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