Connor Talbert
BLR 235
March 19, 2014
Professor Campbell

KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent.
159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT
January 31, 2008, Filed

FACTS: 1. McClain owns and operates a business known as “A+ Teaching Supplies.” 2. Ted and Wanda Charanian are the principals of Octagon, which owns and manages a shopping center in Valencia. 3. On February 28, 2003, McClain and Octagon agreed to a lease in which McClain would rent commercial space within the shopping center for a length of sixty two months. 4. The lease was constructed as a standard form agreement which was prepared by the American Industrial Real Estate Association. 5. Paragraph 1.2 describes the dimensions of the leased unit, which were stated to be, “approximately 2,624 square feet.” 6. Paragraph 2.1 states, “…Unless otherwise provided herein, any statement of size set fourth in this Lease, or that may have been used in calculating Rent, is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 7. Paragraph 2.4 states, “Lessee acknowledges that: (a) it has been advised by lessor…to satisfy itself with respect to the condition of the premises.., and their suitability for Lessee’s intended use, and (b) Lessee had made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the premises…” 8. As the lease progresses, a monthly base rent of $3,804 is agreed to be paid by McClain (a number constructed by charging $1.45 per square foot) as well as 23 percent of “Common Area Operating Expenses which relate to costs of ownership and operation