Lazben Investments Co. v. Golden Globe Investments
Defendant tenant Kim Bang Ly entered into two commercial leases with plaintiff landlord Lazben Investment Co. After performing under the leases for 20 and 15 years, respectively, a dispute arose over calculation of the annual cost of-living (COLA) rent increases.
Lazben sued and Ly cross-complained. After a bench trial, the court found the parties’ consistent, 20-year course of conduct vis-à-vis the COLA provisions constituted implied modifications to the written leases and entered judgment in favor of Lazben. Ly timely appealed, raising a variety of issues. Substantial evidence supports the trial court’s factual finding of implied modifications. That issue is dispositive of this appeal, and we do not analyze Ly’s remaining contentions.
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