Park v. Beverly OB & GYN Medical Center CA2/8

Filed 5/24/23 Park v. Beverly OB & GYN Medical Center CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

GYOUNG JAE PARK AND YOON B316758 HEE CHOE LIFE ESTATE TRUST, BY FELIPA R. Los Angeles County RICHLAND AS ATTORNEY IN Super. Ct. No. FACT FOR TRUSTEES HANNAH 20STCV24733 PARK AND DAVID PARK,

Plaintiff and Respondent,

v.

BEVERLY OB & GYN MEDICAL CENTER, INC.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Yolanda Orozco, Judge. Affirmed. David S. Kim & Associates, David S. Kim, Todd A. Fuson; The Milner Firm and Timothy V. Milner for Defendant and Appellant.

Haney & Shah, Steven H. Haney, Kenneth W. Baisch; Richland Associates and Felipa R. Richland for Plaintiff and Respondent. ____________________ A landlord-tenant dispute culminated in summary judgment for the landlord on its sole claim for declaratory relief. The landlord asked the trial court to declare a commercial lease amendment invalid. The tenant failed to raise a triable issue of material fact as to the amendment’s validity. We affirm. Statutory citations are to the Code of Civil Procedure. The tenant is Beverly OB & GYN Medical Center, Inc., which is owned by Dr. Edward Ahn and which we call Tenant. Ahn used to own the building through another company. He leased space in the building for his medical practice under a 2011 lease. This lease had a term of five years and provided for three five-year options to extend the lease. Ahn then sold the building to Sang Kim (through Kim’s company) and continued to lease space in the building. Ahn and Kim amended the lease twice. The first amendment, among other things, reduced the extension options from three to one. Having just one option was Kim’s focus—the “most important thing”—in negotiating this amendment. The second lease amendment is the crux of this case. We return to it shortly. Kim sold the building in 2013. Eventually it was transferred to a trust, Gyoung Jae Park and Yoon Hee Choe Life Estate Trust, which is the current Landlord. According to Landlord’s complaint, Tenant claimed the second lease amendment afforded it two five-year options to extend the lease, which allowed it to stay in the building until