Glendale Steakhouse v. Superior Court CA2/1

BACKGROUND

On November 15, 2006, Steakhouse, a franchisee of Outback Steakhouse of Florida, entered into a lease agreement with Eagle Glendale Marketplace, L.P., and AK Glendale, LLC (collectively Glendale Marketplace), the then-owners of a Glendale shopping center, with Steakhouse to pay rent on a gradually-escalating level (Monthly Rent). For the first five years, rent was set at $10,000, for each month.2 For the next five

We agree with the parties that Steakhouse’s use of a motion to quash service of summons and complaint was proper, because Steakhouse’s challenge to the complaint is that it failed to state a cause of action for unlawful detainer, as it seeks rent due more than one year before the notice was served. (Delta Imports, Inc v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036.) 2 In pertinent part, the original lease sets forth provisions regarding rent, default, remedies and waivers. Section 3.04, entitled, “Rent—Generally,” provides: “Every payment required to be made by Tenant pursuant to this Lease shall be rent due Landlord hereunder, whether or not designated as Monthly Minimum Rent or as additional rent, and Tenant’s failure to pay such additional rent to…