Gluck

BACKGROUND

1. Underlying Suit On February 8, 2017, plaintiffs, as landlord, and Dancool HVAC Supply (Dancool), as tenant, entered into a written five- year lease of commercial real property (lease) in Canoga Park, California. In addition to a step-up rent, Dancool was required to pay the property taxes and maintain the landscaping and the heating, ventilating, and air conditioning (HVAC) systems for the property. In his capacity as President of Dancool, defendant executed the lease and a guaranty of lease (guaranty) in which he agreed to be personally liable for Dancool’s liabilities and obligations under the lease. In April 2017, Dancool took possession of the Canoga Park property and began paying rent. On February 1, 2020, Dancool stopped paying rent and all other amounts due under the terms of the lease. Defendant refused to pay any amounts owed under the guaranty.

1 Further statutory references are to the Code of Civil Procedure.

2 In March 2020, two different entities, Fulton Avenue, LLC and Sol Mir Venture, LLC, each filed an unlawful detainer action against defendant and Dancool. In both actions, defendant was dismissed. He was later sued for breach of guaranty by…