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James L.L. Barton, P.G. <br /> April 13. 2007 <br /> Page 7 of 14 <br /> illy client,front the time she inherited the property, was entitled to rel►'oil <br /> Interstate Brands'promise to not cause or maintain—in other words, to abate— <br /> any nuisance at the property. This would necessarily inchide any contalninatton <br /> from the UST Interstate Brands removed in 1988. <br /> The lease was extended in 1979 by the then owner of the property and the <br /> tenant. American Bakeries Company. Inc. for five(5) years, to January 31, 1984. See <br /> "Agreement for Extension of Lease," Exhibit 2. <br /> The lease was extended again in 1984 by the then owner and.Amencan <br /> Bakeries Company. Inc.. for another five(5) years. to Jan. 31. 1989. See"Agreement <br /> for Extension of Lease," Exhibit 3. <br /> In 1986. Good Stuff Food Company. Inc., assigned the lease to Interstate <br /> Brands Corporation. See letter of November 5. 1986 from Good Stuff Food <br /> Company. Inc. to Mrs. Frances Levin Goodman(my client's mother), Exhibit 4A. <br /> and"Assignment of Lease and Assumption of Liability." Exhibit 4B. <br /> The stated term of the lease expired January 31. 1989. The law in California <br /> is that when the tenant, interstate Brands Corporation continued in possession, it was <br /> considered to be a holdover tenant. All promises in the lease. and all rights and duties <br /> in the lease—except for the length of the lease—continued as set out in the 1954 lease <br /> document with Langendorf United Bakeries. Again, a leading treatise on real estate <br /> law explains the law. <br /> "When a tenant holds over after expiration of the lease term and the landlord <br /> accepts rent from the tenant, the parties are presumed to have renewed the <br /> tenancy on the same terms and for the same time, not exceeding 1 month if <br /> the rent is payable monthly or, in any case, not exceeding a period of more <br /> than 1 year. Civil Code §1945." (Emphasis added.) <br /> Rutter: California Practice Guide: Real Property Litigation (Smith, Stratton, <br /> Trembath, Ch. 29. Actions Involving Modification. Extension, and Renewal <br /> of Lease, 1I. Proceedings Involving Renewal or Extension of Lease, A. Legal <br /> Principles. 2. Holding Over, `29.13. Presumption of renelral front <br /> acceptance of rent from holdover tenant. <br /> I <br /> As noted, my client inherited the property in 1989. In 1991 interstate Brands <br /> Corporation advised my client that it was vacating the property and that "Rainbo <br /> Baking Company of Sacramento Valley, a Division of Campbell-Taggart" would be <br /> taking over the location as of July 1. 1991. See Letter of May 29. 1991, copy <br />