People v. Pemberton CA2/6

FACTS

The Project In 2015, Pemberton had plans to open an entertainment facility in the City of San Luis Obispo called Discovery San Luis Obispo (the Project). The facility would offer bowling, dining, and music. Pemberton operated a similar facility in Ventura County. Pursuant to the plan, on March 1, 2015, Pemberton entered into a lease of a building in downtown San Luis Obispo with Jamestown Properties (Jamestown). The building was an empty shell. Under the lease Pemberton would pay for improvements. The Project was supposed to open by the end of 2015. But Pemberton was experiencing various delays, including the unanticipated need for seismic retrofitting of the building. Jamestown refused to pay for the seismic work, pointing out that under the lease such improvements were Pemberton’s responsibility. In the meantime, Pemberton was not paying rent on his lease of the building. As of January 2017, he owed approximately $616,000 in back rent. On January 12, 2017, Jamestown notified Pemberton that unless the back rent was paid in five days he would be in default. On April 25, 2017, Jamestown filed an unlawful detainer action against Pemberton. Pemberton surrendered possession of…