Shaver v. Clanton

31 Cal.App. 4th 568 (1994)

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Nature of the Case

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Facts

Robert and Helen Clanton entered into a 10-year lease with Emerson for shopping center space. The lease had a renewal option for another ten years. The lease was amended in 1988 and again in 1989. The last amendment granted Clanton the option to extend for five-year periods and gave them a first right of refusal if the property were sold. Shaver (P) was Emerson’s daughter and sole heir. After her father died, she challenged the validity of the amendments. The 1989 amendment was held invalid because the options renewals went into infinity and because the renewal part was an integral part of the lease agreement the entire amendment was invalid.