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Shaver v. Clanton

Court of Appeal of California
31 Cal.Rptr.2d 595 (1994)


Facts

Clanton (defendant) rented space in a shopping center under a lease from Emerson Stanley. A subsequent amendment to the lease provided Clanton with a renewal option every five years. Shaver (plaintiff) was Emerson Stanley’s daughter. Shaver brought suit after her father’s death seeking to void the lease amendment on the grounds that it violated the rule against perpetuities. The trial court held that the option to periodically renew the lease without limitation violated the rule against perpetuities and voided the amendment. Clanton appealed.

Rule of Law

Issue

Holding and Reasoning (Soneshine, A.J.)

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