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Real Property
Landlord and Tenant
Holdover

Paul Reisbord, Trustee of the Paul and Haya Reisbord Trust dated September 24, 1980 and Trustee of the Reisbord 1999 Children’s Trust dated April 8, 1999 v. Century Studio Corporation

Published: Dec. 15, 2012 | Result Date: Nov. 20, 2012 | Filing Date: Jan. 1, 1900 |

Case number: SC118949 Settlement –  $619,500

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Andrew J. Haley


Defendant

David M. Cohen
(David M Cohen APC)


Facts

Plaintiff landlord leased premises in Culver City to defendant tenant, which in turn used those premises as production space for various television shows, including "Hell's Kitchen" and "Master Chef." Defendant tenant's lease expired but it continued occupying the premises.

Unable to resolve the dispute, the landlord then commenced an unlawful detainer proceeding against Defendant tenant and its current subtenant (Hell's Kitchen's production company, Upper Ground Enterprises), which was currently shooting the Hell's Kitchen reality show in the premises.

Contentions

PLAINTIFFS' CONTENTIONS:
The landlord asserted that defendant tenant was holding over in the premises without consent and that the tenant and its two guarantors (Raymond Paret and Gary Klimmer) owed significant amounts of holdover rent and related lease charges.

DEFENDANT'S CONTENTIONS:
Defendant tenant contended it had been occupying the space for over a year after the expiration of its lease and was in negotiations with the landlord for a new lease. Defendant further contended plaintiff landlord had accepted substantial rent during that time period, so Defendant denied that its holdover in the space was without consent. Defendant tenant and its guarantors disputed the amounts owed, arguing that they were entitled to various credits and/or offsets.

Result

The parties settled after the landlord commenced the unlawful detainer proceeding. Defendant tenant and its two guarantors paid $619,500 to plaintiff landlord and Defendants further agreed to surrender the premises back to landlord on or before Dec. 16, 2012.

Other Information

FILING DATE: Nov. 5, 2012.


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