O'LEARY

Mid-Wilshire Associates v. O'LEARY

Bad Law
1992 Cal. App. LEXIS 881·7 Cal. App. 4th 1450·9 Cal. Rptr. 2d 862·92 Daily Journal DAR 9565·92 Cal. Daily Op. Serv. 6148
Court of Appeal of CaliforniaJuly 9, 1992B058970California1,559 words

Opinion

Opinion

Grignon, J.

Plaintiff and appellant Mid-Wilshire Associates purports to appeal from an order denying its petition to vacate or correct an arbitration award, as well as an earlier order compelling arbitration of its claims. Appellant is the lessee under a 99-year land lease between respondents Winifred K. and Charles O’Leary, and appellant’s predecessor in interest. Respondent Wells Fargo Bank, N.A., succeeded to the interest of Charles O’Leary. We conclude that the orders appealed from are not appealable and dismiss the appeal.

Facts and Procedural Background

The instant litigation concerns a 99-year land lease executed in 1967. The subject real property, which was vacant land at the time of the execution of the lease, is located on Wilshire Boulevard in Los Angeles. After entering into the lease, appellant’s predecessor constructed a 20-story office building on the property. The lease provides that this improvement is the property of the lessee, not the lessor.

The lease includes a rent escalation clause. That clause provides that the rent shall be recomputed every 15 years, or sooner if the Consumer Price Index increases by more than 20 percent during a 15-year period, based on…

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