Tai

In 1997, the plaintiff tenant and the predecessor of defendant landlord entered into a commercial lease including an addendum (Lease). The Lease expired in August 2002 and contained an option enabling the tenant to renew the Lease exercisable no later than June 2002. In November 2001, the tenant signed an estoppel certificate (Estoppel Certificate) stating the Lease was then in full force and effect. The Estoppel Certificate also contained a clause stating the tenant had no options “except as follows.” This statement was followed by blank lines, which were not filled in. After a controversy arose concerning the option, the tenant sued the landlord for, among other things, declaratory relief, claiming he exercised his option rights in June 2002 and was entitled to remain in possession. The landlord cross-complained in an unlawful detainer case.

The landlord moved for summary adjudication on its defense to the complaint and on the tenant’s affirmative defense to the cross-complaint. The landlord’s motion was based on the contention the Estoppel Certificate eliminated the option contained in the Lease. The trial court granted the landlord’s motion for summary adjudication…