PhxCap II v. AG Mobile Restaurant Concepts CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND2

The dispute in the case involves a commercial lease (Lease) of retail space in a strip mall on Garnet Avenue in San Diego (Premises). In July 2017, Landlord filed the underlying unlawful detainer action, naming Tenant

and Alex Gould as defendants.3 In the prayer of the complaint for unlawful detainer (Judicial Council form UD-100), Landlord requested: (1) possession

Tenant requests that we take judicial notice of the following document: “Declaration of Howard F. Burns, Esq. in Opposition to Defendants’ Motion for Attorney Fees,” containing a case caption of—with no indication the document was filed in—San Diego County Superior Court case No. 37-2018- 00043877-CL-UD-CTL, entitled PhxCap II, LLC v. AG Mobile Restaurant Concepts, LLC. Landlord requests that we take judicial notice of the following document: “Cross Complaint for Damages for Breach of Lease; Action for Rent; Fraud; Negligent Misrepresentation” filed by Landlord and its principal in San Diego County Superior Court case No. 37-2017-00027862- CU-BC-NC, entitled AG Mobile Restaurant Concepts, LLC v. PhxCap II, LLC. Following the general rule that “[r]eviewing courts generally…