A defendant landlord (landlord) moved for summary judgment regarding two causes of action. The defendant also sought an order that a Feb. 1, 2017 lease modification effectively modified the October 2012 lease between the defendant and a prior tenant.
The plaintiff had entered into a sublease with sublessors “A” and “B,” representatives of the defendant “C.” The sublease had followed a September 2016 “asset sale” agreement between defendant “C” and the plaintiffs. Pursuant to the sublease, the plaintiff obtained an option to purchase the property and that option had allegedly been a “key component” of the lease between “A,” “B,” and the landlord. The plaintiff thereafter paid monthly rent payments to the landlord.