Glendale Healthcare Limited Partnership v. Family Medical Associates Inc., et al.
Published: Sep. 30, 2003 | Result Date: Aug. 15, 2003 | Filing Date: Jan. 1, 1900 |Case number: EC036780 – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
David G. Halm
(Quintairos, Prieto, Wood & Boyer, P.A.)
Defendant
Experts
Defendant
Myron Meyers
(technical)
Stuart D. Tom
(technical)
Facts
The plaintiff owns a medical building in Glendale and leased the second floor to the defendant, a family medical practice group. After the defendant failed to move into the premises and did not pay rent due in April 2003, the plaintiff brought an unlawful detainer action against the defendant for possession of the premises and forfeiture of the lease.
Result
The court found that (a) as long as the defendant remained in control of the premises it was obligated to pay rent; (b) as long as the defendant claimed right of possession and was collecting rent from subtenants it was obligated to pay rent; (c) the defendant breached the lease by not moving into the premises; (d) the plaintiff did breach the lease by not having the premises ready in time and by not furnishing a certificate of occupancy, but these breach conditions were eliminated when the defendant signed the Tenant Acceptance Letter. The court ruled that the plaintiff was entitled to immediate possession and forfeiture of the lease.
Other Information
The case is on appeal.
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