Cooper Investors Properties v. Chen CA2/1

facts provided in the trial court’s ruling]; Artal v. Allen (2003)

3 In April 2013, America West Investment, Inc. (AWI) and Chen executed a lease for space to operate a restaurant at the Seasons Place Shopping Center in the City of Industry. The lease had a term of five years two months, and was scheduled to expire on June 30, 2018. The lease provided that it could not be assigned without the lessor’s prior written consent, and imposed a late fee for rent not received by the lessor within five days after it was due. The lease also included a provision requiring the parties to submit their disputes to binding arbitration. On July 1, 2013, Chen opened his restaurant to the public. On February 1, 2014, Chen assigned the lease to Ming Yang (Yang). In consenting to Chen’s assignment to Yang, AWI stated it did “ ‘not release Chen from liability for any obligations as Lessee under the Lease.’ ” Cooper purchased the Seasons Place Shopping Center from AWI in 2014, thereby becoming AWI’s successor in interest under the lease. After Cooper acquired the premises, Yang executed an assignment of the lease to Haibo Dai and Fengli Xi on October 28, 2014; the assignment became effective on…