Pomona Valley Center, Inc. v. Nash's of Pomona

The plaintiff had prayed for a declaratory judgment, but not the one that was entered, and so it has appealed. We have concluded that the trial court was warranted in decreeing, as it did, that the activities of the Sperry and Hutchinson Company, which is occupying 6,000 square feet of the premises leased by the plaintiff to the defendant Nash’s of Pomona, are not to be taken into consideration in figuring the 3 per cent of the monthly gross sales that the defendant (Nash’s of Pomona) agreed to pay as rental, and so we are affirming the judgment.

The plaintiff leased to the defendant (by which term we refer to the defendant Nash’s of Pomona and not to its co-defendant, F. C. Nash & Co.), a building in its shopping center for a period of close to 20 years. The rental for the first two years was to be 3 per cent of a basic figure provided for in section 9 of the lease, and thereafter a minimum of $3,500 per month, together with any amount over that, that the 3 per cent might amount to. The vital question on this appeal is, as already suggested, this: In determining the 3 per cent that was the rental to be paid during the first two *539 years, and that may have to be taken into…