How have courts interpreted the extension clause in a lease agreement?

California, United States of America


The following excerpt is from Foothill Terrace v. Johnson, B292486 (Cal. App. 2020):

Plaintiff relies on rules of construction such as the "last antecedent rule" and its exceptions, and comma placement to argue that the extension clause applies to all of the preceding clauses of the paragraph; e.g., that the contract should be construed to allow extension of the leases if plaintiff continues to use the premises as a mobile home park, or if plaintiff "deems it advantageous to change the use of said premises . . . ." (See White v. County of Sacramento (1982) 31 Cal.3d 676, 680 [discussing last antecedent rule].)

As plaintiff admits, we only resort to such aids in construction if a contract is ambiguous. (People ex rel. Lockyer v. R. J. Reynolds Tobacco Co. (2003) 107 Cal.App.4th 516, 530.) Here, there are no ambiguities in the material portions of the leases. The leases provided for discrete terms of 55 years, and

Page 6

only contemplated an extension if plaintiff changed the use of the premises from a mobile home park.

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted a forum selection clause in an agreement between a franchiser and the franchiser-signator to the agreement? (California, United States of America)
How have courts interpreted the words of the release clause in a release agreement? (California, United States of America)
How have courts interpreted "security" in commercial lease agreements? (California, United States of America)
How have the courts interpreted an Agreement of Agreement of easement? (California, United States of America)
How have courts interpreted delegation clauses in an arbitration agreement? (California, United States of America)
How have courts interpreted immunity clauses in witness immunity agreements? (California, United States of America)
How have courts interpreted immunity clauses in witness immunity agreements? (California, United States of America)
How have courts interpreted a waiver agreement where the waiver agreement was ambiguous or ambiguous? (California, United States of America)
How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.