Mcclain V Octagon Plaza Facts Issue Rules

Los Angeles County Super. Jones, Judge.

Mcclain V. Octagon Plaza Facts, Issue, Rules of Law, Application of Rules, and Conclusion

Law Office of Joseph R. Brown and Joseph R. Brown for Defendants and Appellants. Law Offices of J. Steven Kennedy and J. Steven Kennedy for Plaintiff and Respondent. The lease agreement required written consent from Octagon before McClain could assign the lease. McClain never sought Octagons consent. Octagon sued McClain for failing to seek consent before assigning the lease. The trial court concluded that when McClain changed her sole proprietorship to a limited liability corporation and transferred control to another corporation, an assignment took place. The court held that McClains failure to seek prior written consent from Octagon breached the lease, allowing Octagon to terminate the lease. McClain appeals.

We affirm, because McClain breached the unambiguous language of the lease requiring prior written consent to an assignment. Section 12 of the lease, Assignment and Subletting, requires McClain to make a written request for consent to an assignment accompanied by a fee and information about the proposed assignee and to obtain Octagons prior written consent to any assignment. If Octagon consents, the assignee must expressly and Mcclain V Octagon Plaza Facts Issue Rules writing assume the obligations under the lease: If Lessor elects to treat such unapproved assignment or subletting as a noncurable breach, Lessor may. click here

He had not noticed the corporate designation before. Octagon terminated the lease and filed a complaint for unlawful detainer in November on the ground that McClain had assigned her leasehold interest without Octagons prior written consent, in violation of the lease.

McClain v. Octagon Plaza, LLC (2008)159 Cal.App.4th 784 , -- Cal.Rptr.3d --

Octagon made two other allegations which it subsequently abandoned. After a nonjury trial, the court found that McClain had violated the assignment provisions of the lease.

A judgment filed on April 12,forfeited the lease and awarded possession of the property to Octagon. McClain now appeals. Principal Mutual Life Ins. We use the general rules governing contract interpretation, relying on the straightforward meaning of the language of the lease, and interpreting its provisions in their ordinary and popular sense.

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Signs Family Limited Partnership Cal. The lease agreement unambiguously prohibits assignment without Octagons prior written consent. The request for consent must be in writing and must include information about the financial and operational status of the proposed assignee, accompanied by a fee.

Should consent be granted, the agreement also requires that the assignee, in writing, assume all the obligations of the lease. McClain does not dispute that she did not obtain Octagons prior written consent, or that she did not comply with any of the other requirements for assignment. She claims instead that no assignment occurred.

McClain relies on Paragraph No change in control took place, according to McClain, because she and Furie were married throughout, held their assets as community property, and retained joint control of RKF Investments, Inc. Because there was no change in control, there was no assignment. McClain misreads the lease.]

Mcclain V Octagon Plaza Facts Issue Rules - can recommend

This opinion has not been certified for publication or ordered published for purposes of rule 8. The lease agreement required written consent from Octagon before McClain could assign the lease. McClain never sought Octagon's consent. Octagon sued McClain for failing to seek consent before assigning the lease. The trial court concluded that when McClain changed her sole proprietorship to a limited liability corporation and transferred control to another corporation, an assignment took place.

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Mcclain V Octagon Plaza Facts Issue Rules	View McClain v. Octagon from BLR at Central Michigan University. McClain V. Octagon Cal. App. 4th California Court of Appeal Facts Kelly McClain operates a business known as A+. Accordingly, if requested, Octagon must provide McClain with the documents it used in preparing the reasonably detailed statement; to hold otherwise would necessarily `frustrate[] [McClain`s] rights to the benefits of the contract.` (Racine & Laramie, Ltd. v. Department of Parks & Recreation, supra, 11 modernalternativemama.com4th at pp. , quoting Love v. Aug 08, · Research the case of Octagon Plaza, from the California Court of Appeal, AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data.

Mcclain V Octagon Plaza Facts Issue Rules.