Cypress Center Holding v. Polny CA4/3

FACTS

Plaintiff Cypress Center Holding LLC (Cypress) sued Polny and Gina Marie Polny for breach of lease. A copy of the commercial lease was appended to the operative complaint, pursuant to which defendants’ predecessor-in-interest agreed to pay rent to Cypress’s predecessor-in-interest for the use of the leased premises. Cypress alleged that defendants failed to pay rent under the lease and abandoned the premises after an unlawful detainer action was initiated. Cypress requested in excess of $225,000, plus interest, attorney fees, and costs. Polny demurred on the grounds that Cypress did not have the legal capacity to sue, the complaint failed to state a cause of action, and Cypress’s attorney had not established an agency relationship with Cypress. Polny’s two-page argument section focused solely on the idea that Cypress’s attorney was not shown to be in a sufficient agency relationship with Cypress to file the complaint. The court overruled the demurrer in July 2012. Trial commenced on August 19, 2013. Three days before, Polny filed a motion for a continuance (styled as a motion in limine). Polny suggested he needed additional time to “obtain competent legal counsel, conduct…