Aviel v. Ng
The commercial lease pertinent to this appeal was extinguished by a trustee sale under a deed of trust. The deed of trust was senior to the lease by virtue of a clause in the lease subordinating it to future mortgages. In this appeal from a judgment, after summary adjudication and court and jury trials, appellants,[1]the former lessees of the foreclosed property, continue to assert that the lease was not forfeited because the subordination clause encompassed only mortgages, not deeds of trust. As we explain, under long-settled legal precedent the two instruments are functionally and legally the same. Appellants also assert that the trial court awarded damages to respondents for appellants postforeclosure occupancy of the premises on an improper basis. Court conclude the damage award was appropriate. Accordingly, Court affirm the judgment in its entirety.
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