The court previously requested that the parties provide additional evidence to clarify the issue of whether the parties had a written lease agreement that provided for attorney’s fees. The Plaintiff subsequently offered a declaration from Scott Bobbitt who denied knowledge of any written lease agreements in existence between the parties. The Defense has declined to offer any further evidence.

The court has concerns about the validity of the exhibit offered by the defense as the operative written lease agreement for two reasons: (1) the address has been changed by interlineation from “981 N Manzanita” to “983 N Manzanita”. 981 was the address of the property manager Mr. Bell and 983 is where the Defendant resides; and (2) the document was not signed by the Defendant even though his declaration asserts that it was.

These doubts coupled with the error of Defendant’s earlier motion (inaccurately stating that the lease was admitted as exhibit 1, the general denial in his answer of the exi