Frye

—I concur in the decision to affirm the judgment. Plaintiff, Jeffrey Kavin, Inc., presents complicated arguments in an effort to reverse the judgment. My sense of it is that we should reject plaintiff’s sophisticated analysis on simpler grounds. In the case of an ambiguous contract, we review the issues for substantial evidence. (Bill Signs Trucking, LLC v. Signs Family Limited Partnership (2007) 157 Cal.App.4th 1515, 1521 [ 69 Cal.Rptr.3d 589 ]; ASP Properties Group, L.P. v. Fard, Inc. (2005) 133 Cal.App.4th 1257 , 1267-1268 & fn. 4 [ 35 Cal.Rptr.3d 343 ].) In my view, there is substantial evidence plaintiff entered into a lease extension only with Andrea Lynne Frye.

According to Ms. Frye: Jeffrey Kavin walked into her shop, the only business on the premises; he told her she needed to get a piece of paper; Mr. Kavin then dictated word for word what she needed to write which is what she did; she was told she “had” to sign the document; and she later said he “made” her sign the extension. The language “our” in the extension agreement is vague. There were only two people present, Mr. Kavin and Ms. Frye. The other signatories to the lease were not present. Only Ms. Frye’s business…

INTRODUCTION

One of four lessees, who was not a defendant in the action below, signed and delivered to the lessor, with the lessor’s approval, a writing exercising an option to extend a lease after the expiration of the period to exercise that option. We hold that defendants, the three other colessees, were not bound by that purported exercise of the option. We also hold that the increased rental provision for holding over did not apply when one lessee did so with the consent of the lessor. We therefore affirm the judgment.

*38 BACKGROUND

A. The Lease

On February 17, 2004, lessor Jeffrey Kavin, Inc. (lessor), 2 entered into a written sublease agreement (referred to in that agreement as “Lease” and herein as lease) with Andrea Frye 3 and defendants and respondents Harold Frye, William Morgan, and Sescie Karabuykov (referred to as “Sessi”) (defendants), as lessees (lessees). In the lease, lessees, as “Parties” to the lease, are collectively referred to as “Lessee.” Harold is Andrea’s father, 4 and Morgan is Karabuykov’s stepfather. The initial term of the lease was for three years, ending on April 30, 2007.

The lease contained the following relevant provisions;…