Stipulation,Agreement: Rockefeller Commerce Center, LLC -v- LCF Labs, Inc. et al Print

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                                RAINES FELDMAN LITTRELL LLP
John   S.   Cha   (State   Bar N0. 1291 15)                          MRDRFCgukTgpcDAl-‘F ORNIA
        jchaQQraincx/a w. c 'om                                        CSOAUNNEERONFASRArfi'Egnga’O
Matthew      J.   Connor   (State Bar N0. 345617)
            mconnurQl/jraimds‘law.cam                                         DEC   1   3 2023
1900 Avenue ()fthc Stars. 19‘“ Floor
Los Angelcs, California 90067
Telephone; (310) 440—4100                                       3V
                                                                               §____
Facsimile; (3 10) 691—1943                                            WNEUBMJER- DEPUTY
Attorneys for Plaintiff
ROCKEFELLER COMMERCE CENTER LLC

                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
              COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
                                                      -




ROCKEFELLER COMMERCE CENTER                           Case No.1 LLTSBZ300141
LLC.
                                                      Assigned for all purposes to:
                       Plaintiff,                     Hon. Khymberli S. Apaloo
                                                      Dept.: $25
        v.
                                                      JOINT STIPULATION AND
LCF LABS, INC.                                        [PRG'POS‘EB‘]       ORDER FOLLOWING
                                                      RESOLUTION OF POSSESSION ISSUE
                       Defendant.




                                                      Complaint      Filed:   October l8, 2023
                                                      FAC   Filed:            October 30, 2023
                                                      SAC   Filed:            November 9. 2023
                                                      Trial Date:             December 18, 2023




                               JOINT STIPULATION    AND   [PM] ORDER
               IT lS       HEREBY STIPULATED                    by and bctwccn plaintiff Rockefeller Commerce

Ix)
      Center   LLC     (“Plaintiff“)   and defendant            LCF         Labs. lnc. (“Defendant“). by and through their

      respective counsel 0f record. as follows:

               WHEREAS.           0n October      l8.   2023, Plaintiffcommcnccd                      this   unlawful detainer action

      for possession        and damages. including attorney‘s fees and                       costs;


               WHEREAS,           the operative pleading               is   thc second     amended complaint filed 0n

      November        9.   2023. which defendant answered with a verified answer 0n or about                                November

      20. 2023;

               WHEREAS.           on December       7,    2023. defendant stipulated t0 judgment for possession

      with an agreement to vacate by January                    2,   2024. and with the funher agreement that the

      judgment       for possession only can bc filed                 0n January       3,   2024. ifdcfcndant has not vacated the

      premises as agreed;

               WHEREAS.           plaintiff filed a notice ofscttlcmcnt identifying the Trial                           Readiness

      Conference       sct   0n December    l4.   2023, and            trial      0n [)cccmbcr   18.    2023; and

               WHEREAS. now             that possession           is   n0 longer       in dispute. this action        should bc

      converted t0 a regular        civil action for       breach 0f lease and related claims.

               WHEREFORE.             the panics. through their respective counsel of record, stipulate                            and

      agree   that:


                l.           This action should be converted t0 a regular                     civil action for       breach oflease and

      related claims:


               2.            The December    14th Trial Readiness Conference should bc advanced and

      vacated;

                3.           The December    18th       trial   should bc advanced and vacated;

               4.            That plaintiff be given leave             t0 file a      Third   Amended Complaint            for breach     of

      lcasc and related        damages claims and scrvc defendant's counsel with                              thc   summons and    the


      third   amended complaint;

                5.           That defendant shall have the regular statutory time to respond t0 the third

      amended complaint; and

                                                                            -1-

                                       JOINT STIPULATION                    AND    [Will ORDER