Kong
Kong v. City of Hawaiian Gardens Redevelopment Agency
Opinion
lead Opinion
Spencer, J.
Introduction
Petitioner Veisna Kong, doing business as Bartha’s Donuts, appeals from the order denying his petition for writ of mandate to compel the City of Hawaiian Gardens Redevelopment Agency to pay him relocation benefits. We reverse.
Statement of Facts
In February 1993, by way of assignment, petitioner became the sublessee of a piece of commercial property commonly known as 11913 Vá Carson Street in the City of Hawaiian Gardens (the premises). Frank and Dorothy Bartha (the Barthas) were the master lessees. Petitioner owned and operated a donut shop on the premises.
The term of the sublease was five years, commencing on January 1, 1992, and ending on December 31, 1996. The sublease contained a provision giving petitioner an option to extend the lease for one 2-year period until *1320 December 31, 1998. The lease further provided that “[i]f the Tenant, with the Landlord’s consent, remains in possession of the Premises after the expiration or termination of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, upon all the…