El Toro Shopping Center, LLC v. P.I. Industries Inc., et al.
Published: Jan. 11, 2005 | Result Date: Sep. 23, 2004 | Filing Date: Jan. 1, 1900 |Case number: 04CC00967 Bench Decision – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
The defendant P.I. Industries Inc. operates a strip club in Lake Forest. When the plaintiff purchased the shopping center in February 2004, it sought to evict the defendant for allegedly violating the use, trade name, assignment clause and compliance with laws provisions of the lease.
Settlement Discussions
The plaintiff offered the defendant six months occupancy before vacating. The defendant countered with 24 months plus a large, unspecified payment to the tenant.
Result
The court found breach of the lease but declined to award possession or to order compliance. It declined to consider the violation of law issue because that issue was deemed too complex. The court decided the case during settlement discussions and announced the decision before opening statements or any witnesses were called. It granted judgment for the defendant and argued that the evidence supported the defense of waiver and equitable estoppel. The evidence showed that the prior owner knew of the strip club operation but had never objected. The defendant was awarded $25,000 in attorney fees and $1,427 in costs.
Other Information
The plaintiff has filed a notice of appeal.
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