Tentative ruling issued by Judge Ross Klein on Oct. 12, 2017 in Los Angeles County, CA - Case no: xxxxx928

INTRODUCTION

Defendant Henry Getty demurs to the First (and only) Cause of Action for Breach of Written Lease Agreement in Plaintiff’s Complaint.

This action arises from a dispute over a commercial lease. Plaintiff entered into written lease agreement with Defendant Top Surgeons, Inc. “Henry Regetty” appeared to personally guarantee Top Surgeons’ obligations under the lease. (Complaint, Paragraph 1.11) Each page of the agreement was initialed by “HG” and the agreement was signed by “Henry Getty.”

There were three addendums executed with respect to the lease agreement. The Third Addendum did not mention Defendant. On January 12, 2016 the Court, sustaining Top Surgeons’ demurrer to the Complaint without leave to amend, ruled that the Third Addendum constituted a novation whereby Defendant Independent Medical Services Inc. (“IMS”) took over the lease. The Court found that there was “no express language that Top Surgeons remained a tenant or was a guaranto….....