Judge: Michael Small, Case: 23SMCV00617, Date: 2023-05-09 Tentative Ruling

Case Number: 23SMCV00617    Hearing Date: May 9, 2023    Dept: 57

 The Court has concluded that the Snowfin's invocation of the 10-day  period in Section 2.07 of the lease to defeat 
Century City Mall's motion for summary judgement is permissible because that defense is encompassed within Snowfin's answer to Century City Mall's complaint.

The Court also has concluded, however, that Section 2.07 is not reasonably susceptible of being construed to give Snowfin  ten extra days beyond the first of the month to pay rent.  This conclusion reflects a reconsideration of a contrary position that the Court adopted at a prior hearing at which Snowfin advanced its Section 2.07 argument on the fly, without having developed the argument in its brief in opposition to Century City's mall motion for summary judgment.  That position is at odds with the terms of Section 2.07 when interpreted in the context of other provisions of the lease, which make plain that rent is due on the first of the month.

Because the Court previously concluded that Snowfin's only other argument it advanced in opposition to Century City Mall's motion, which was based on the Los Angeles COVID-19 Moratorium with respect to tenant's payment of rent, failed as a matter of law, the Court rules that Century City Mall is entitled to summary judgment on its claim for possession.  The trial scheduled for May 15, 2023 is thus vacated.