Molinari

FACTS AND PROCEEDINGS

Molinari operated a furniture business in Lodi, California. Tebo, who resides in and conducts his business from Colorado, owns an approximately 15,805 square foot commercial building in Lodi. The building includes a first floor and a basement, which are connected by stairs as well as a freight elevator. On April 30, 2002, Molinari and Tebo executed a one-year lease agreement for 5,400 square feet of the first floor of Tebo’s building for Molinari to use as a furniture store (Lease). The term of the Lease ran from May 15, 2002 to June 14, 2003. Another tenant--Thornton House furniture store--also occupied a portion of Tebo’s building, including the portion with the freight elevator. Thornton House used the freight elevator to move furniture between the basement and its portion of the first floor. On January 30, 2003, Molinari and Tebo executed an amendment to the Lease, extending the lease term five years, from June 15, 2003 to June 14, 2008, and adding 1,200 square feet of additional retail space on the building’s first floor (Amendment). The Amendment is not included in the record on appeal. Thornton House eventually vacated its portion of Tebo’s building,…