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This case was last updated from Los Angeles County Superior Courts on 06/27/2020 at 22:00:12 (UTC).

LINCOLN CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ALPHA BETA COMPANY, A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 12/13/2019 LINCOLN CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Property - Commercial Eviction lawsuit against ALPHA BETA COMPANY, A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2528

  • Filing Date:

    12/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Commercial Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

LINCOLN CENTER LLC A CALIFORNIA LIMITED LIABILITY COMPANY SUCCESSOR IN INTEREST TO EARL H. SCHAFER AND SALLIE JAC SCHAFER

Defendants

RALPHS GROCERY COMPANY A OHIO CORPORATION

ALPHA BETA COMPANY A CALIFORNIA CORPORATION LEGAL ASSIGNEE OF THE KROGER COMPANY A OHIO CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

SPERLING DEAN P

Defendant Attorney

SANCHEZ AMBER MEREILLE

 

Court Documents

Proof of Personal Service - Proof of Personal Service

2/21/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

2/21/2020: Proof of Personal Service - Proof of Personal Service

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

2/21/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Summons - Summons on Complaint

12/13/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Property Owner/Landlord Only Hearing Notice - Property Owner/Landlord Only Hearing Notice

12/13/2019: Property Owner/Landlord Only Hearing Notice - Property Owner/Landlord Only Hearing Notice

Civil Case Cover Sheet - Civil Case Cover Sheet

12/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/13/2019: Complaint - Complaint

Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Ralphs Grocery Company, a Ohio corporation)

12/24/2019: Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Ralphs Grocery Company, a Ohio corporation)

Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation )

12/24/2019: Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation )

Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (ALL OCCUPANTS)

12/24/2019: Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (ALL OCCUPANTS)

Answer - Answer

1/8/2020: Answer - Answer

1 More Documents Available

 

Docket Entries

  • 02/21/2020
  • DocketProof of Personal Service; Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation (Defendant); Service Date: 12/27/2019; Service Cost: 166.00; Service Cost Waived: No

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  • 02/21/2020
  • DocketProof of Service by Substituted Service; Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Unnamed Occupants; Proof of Mailing Date: 12/31/2019; Service Cost: 166.00; Service Cost Waived: No

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  • 02/21/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Unnamed Occupants; Mailing Date: 12/30/2019; Service Cost: 166.00; Cost Waived: No

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  • 02/21/2020
  • DocketProof of Personal Service; Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Ralphs Grocery Company, a Ohio corporation (Defendant); Service Date: 12/27/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 01/08/2020
  • DocketAnswer; Filed by: Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation (Defendant); Ralphs Grocery Company, a Ohio corporation (Defendant); As to: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff)

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  • 12/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/21/2020 at 08:30 AM in Santa Monica Courthouse at Civil Clerk's Office

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  • 12/24/2019
  • DocketNotice of Unlawful Detainer mailed 12/26/2019

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  • 12/24/2019
  • DocketCase assigned to Hon. Lisa K Sepe-Wiesenfeld in Department S Santa Monica Courthouse

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  • 12/13/2019
  • DocketComplaint; Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation (Defendant); Ralphs Grocery Company, a Ohio corporation (Defendant)

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  • 12/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation (Defendant); Ralphs Grocery Company, a Ohio corporation (Defendant)

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  • 12/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Lincoln Center, LLC, a California limited liability company, successor in interest to Earl H. Schafer and Sallie Jac Schafer (Plaintiff); As to: Alpha Beta Company, a California corporation, legal assignee of The Kroger Company, a Ohio corporation (Defendant); Ralphs Grocery Company, a Ohio corporation (Defendant)

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  • 12/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/13/2019
  • DocketProperty Owner/Landlord Only Hearing Notice; Filed by: Clerk

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Tentative Rulings

Case Number: 19SMUD02528    Hearing Date: October 22, 2020    Dept: K

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

  1. SUMMARY JUDGMENT

This Court DENIES Plaintiff’s MSJ on the grounds:

  1. Plaintiff has not met his burden of proof with respect to breach of the lease agreement provisions. Although Plaintiff has established that the areas in dispute are “common areas” reserved for the use of other tenants (meaning RiteAid, the only other tenant) and access by the pubic, Plaintiff has not persuaded this Court that the misusage alleged is outside the terms and conditions of the permitted use. Defendant is entitled to use those common areas along with others stated above, but there is insufficient evidence that such usage has interfered with usage by anyone else. This is particularly so given that there have been no complaints from RiteAid, the public, or any governmental agency regarding the usage of these areas. Moreover, the lease expressly provides for Defendant to have “uninterrupted access to its loading area and docks at all times.” The actions complained of regarding the loading dock area seem to be in accord with the usage allowed by this broad language.

  2. There are genuine issues of material facts in dispute as to the meaning of the dock areas, which are not clearly defined in the lease and may require testimony as to the customary usage of the areas over time or from the drafters of the lease agreement itself. More importantly, whether the alleged overuse of these common areas constitutes a material breach of the agreement is a question of fact for the factfinder.

  1. SUMMARY ADJUDICATION

With respect to the MSA as to 14 affirmative defenses, this Court rules as follows:

AD1 (Complaint insufficient) GRANT

AD2 (Statute of Limitations) GRANT

AD3 (Waiver of Breaches) DENY

AD4 (Estoppel) DENY

AD5 (Laches) GRANT

AD6 (Unclean Hands) GRANT

AD7 (Release of Liability) GRANT

AD8 (Failure to Mitigate) GRANT

AD9 (Waiver of NTQ) GRANT

AD10 (Plaintiff Breach) GRANT

AD11 (Post NTQ Acceptance of Rent) GRANT

AD12 (Breaches Not Material) DENY

AD13 (Breaches Implied) GRANT

AD14 (I wish I had more wishes) GRANT

The parties should note that this is an unlawful detainer case, not a garden variety commercial breach of contract. Many of the arguments relating to damages or mitigation are irrelevant as the only damages available here are holdover damages. The gravamen of this ruling is that this case boils down to whether there has been a breach and if so whether the breach was material, which are matters, given the state of this evidence, within the province of the jury or factfinder.

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