Plowden

Plowden v. Swami International CA2/5

Good Law
Court of Appeal of CaliforniaOctober 16, 2014B248613California3,349 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Plaintiff and appellant Sara Plowden leased two properties—13992 and 13994 Crenshaw Boulevard in Gardena, California—from defendant and respondent Swami International, Inc. (Swami). Plowden brought an action for fraud and breach of contract against Swami concerning the condition of the properties. Swami moved for summary judgment or, alternatively, summary adjudication (summary judgment motion) against Plowden’s third amended complaint. Plowden did not file an opposition to the summary judgment motion. The trial court granted Swami’s summary judgment motion, and Plowden appeals. We affirm.

BACKGROUND

On October 1, 2006, Plowden leased the commercial property at 13992 Crenshaw Boulevard (13992 Commercial Lease) from Swami. The lease term was for one year from October 1, 2006, to September 30, 2007. Rent was $1,075 per month. At the end of the lease term, Plowden had the option to renew the lease for an additional 36-month term at a negotiated rent provided that she was not in default on the lease. The 13992 Commercial Lease included a “Care and Maintenance of Premises” clause that stated, “Lessee acknowledges that the premises are in good order and repair, unless…

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