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
Hearing Date
October 22, 2020
Type
Unlawful Detainer/Commercial (not drugs or wrongful eviction) (Limited Jurisdiction)
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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