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

FACTS:
1. McClain owns and operates business known as A+ Teaching Supplies.
2. Ted and Wanda Charanian are the principals of Octagon, which owns and operates a shopping center in Valencia, California.
3. On February 28, 2003, McClain agreed to lease commercial space in the shopping center for five years and two months.
4. The contract has an option to extend the lease for two more five-year terms.
5. The lease is a standard form agreement prepared by the American Industrial Real Estate Association.
6. Paragraph 1.2(a) of the lease says the size of the unit leased to McClain is “approximately 2,624 square feet” with a diagram attached showing this size.
7. Paragraph 2.1 states “Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Rent, is an approximation which the agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.”
8. Paragraph 2.4 goes on to state “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… .”
9. Paragraph 1.5 of the lease obligates McClain to pay $3,804 per month as “Base Rent.”
10. Paragraphs 1.6 and 4.1 require McClain to pay, in addition to this base rent, 23% of the “Common Area Operating Expenses, which are defined in paragraph 4.2 as costs incurred by Octagon for