...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...
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...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...
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