Stan's Big Savings v. Bodge CA4/1

Filed 3/20/23 Stan’s Big Savings v. Bodge CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

STAN’S BIG SAVINGS, INC., D079847

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2019- 00058053-CU-BC-CTL) GERALD BODGE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard S. Whitney, Judge. Reversed and remanded with directions. Gerald Bodge, in pro. per., for Defendant and Appellant. Oden & Greene Attorneys At Law and Douglas A. Oden for Plaintiff and Respondent.

Gerald Bodge appeals a judgment against him in a civil action brought by his tenant, Stan’s Big Savings, Inc. (SBS). The trial court concluded that SBS was entitled to possession of certain portions of the leased property, which Bodge and another subtenant occupied, under the parties’ sublease and awarded SBS $98,700 for unpaid rent. Bodge, who is self-represented,

challenges the trial court’s finding and asserts that the sublease makes clear that SBS was not given possession of the portions of the property at issue. We agree with Bodge that the trial court misinterpreted the lease. Accordingly, we reverse the trial court’s order. On remand, the trial court is directed to enter judgment in favor of Bodge. FACTUAL AND PROCEDURAL BACKGROUND Bodge is the lessee of a master lease between himself and the third party owners of a commercial property. The sublease at issue in this litigation defines the master lease property as “the real property located at 4501-4511 El Cajon Boulevard, San Diego, CA 92115 (‘Master Premises’).” On November 1, 2017, Bodge entered into the sublease with SBS. Section 1 of the contract states: “Sub-landlord [Bodge] sublease [sic] to Subtenant on the terms and conditions in this Sublease the following, portion of the Master Premises (‘Premises’) 4501 El Cajon Blvd San Diego, CA 92115. Sub-landlord grants Subtenant the non-exclusive right to use, without disturbance, the common areas of the Master Premises.” The sublease expires in 2028 and sets the monthly rent from SBS to Bodge, which increases over time, from $6,300 to $6,700. The sublease also gives SBS an option to extend the lease. In addition, the sublease requires Bodge to “pay $300 per month to [SBS] for electrical bill used by the Transmission Shop, and Gerry Bodge’s sub-landlord office space on the property.” A security agreement attached to the sublease between SBS’s president, Stanley Singleton, and Bodge grants Bodge “[a]ll right, title and interest of [Singleton] in and to the tangible and intangible assets relating to that certain business know[n] and operated as American Tire & Brake located at 4501 El Cajon Blvd, San Diego Ca 92115,” which is “pledged as