CASE NAME: LINCOLN CENTER v. ALPHA BETA

CASE NO.: 19SMUD02528

HEARING DATE: 10/22/20

SUBJECT: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT & SUMMARY ADJUDICATION

HOLDING: DENY MSJ

GRANT MSA in part

BACKGROUND

This is a commercial unlawful detainer action in which Plaintiff/Landlord seeks to evict Defendant/Tenant Ralph’s Supermarket on alleged breaches of the lease agreement. Specifically, Plaintiff alleges that Defendant has violated provisions regarding excessive usage of 2 common areas: (1) loading dock area (alleging storing freezer trucks there), and (2) immediate front of the Ralphs Supermarket (alleging daytime storage of shopping carts).

Plaintiff brings this motion for summary judgement or in the alternative for summary adjudication of 14 affirmative defenses asserted by Defendant.

TENTATIVE RULING

SUMMARY JUDGMENT

This Court DENIES Plaintiff’s MSJ on the grounds:

Plaintiff has not met his burden of proof with respect to breach of the lease agreement provisions. Althoug