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Fitness Int'l, LLC v. DDRM Hill Top Plaza L.P.

Fitness Int'l, LLC v. DDRM Hill Top Plaza L.P.

United States District Court for the Central District of California, Southern Division

October 20, 2021, Decided; October 20, 2021, Filed

Case No.: SACV 21-00142CJC(ADSx)

Opinion

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [Dkt. 59] AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [Dkt. 64]

I. INTRODUCTION

On December 18, 2020, Plaintiff and Counter-Defendant Fitness International, LLC filed this action against Defendant and Counterclaimant DDRM Hill Top Plaza L.P. in Orange County Superior Court. (Dkt. 1 [Notice of Removal].) Plaintiff sought relief for several claims, including breach of contract, monies had and received, monies paid by mistake, and declaratory relief, arising from a lease agreement in which Plaintiff (hereinafter "Tenant") was Defendant's (hereinafter "Landlord") tenant. (Dkt. 1-3 [*2]  [State Court Complaint].) On January 22, 2021, Landlord removed this action to federal court. (Notice of Removal.) On February 23, 2021, this Court granted Landlord's motion to dismiss most of Tenant's claims. (Dkt. 23 [Amended Order on Motion to Dismiss, hereinafter "MTD Order"].) Tenant's only remaining claim is its declaratory relief cause of action, (id.), which seeks a judgment that Tenant has no obligation to pay rent to Landlord for certain periods of time under the parties' lease agreement. (State Court Complaint at 18.) Landlord counterclaimed against Tenant for breach of the same lease agreement. (Dkt. 25 [Landlord's Answer and Counterclaim against Plaintiff].) In turn, Plaintiff raised several affirmative defenses. (Dkt. 30 [Tenant's Answer to Landlord's Counterclaim].)

Now before the Court are the parties' cross motions for summary judgment. (Dkt. 59 [Landlord's Motion for Summary Judgment, hereinafter "Landlord's MSJ"], Dkt. 64 [Tenant's Motion for Summary Judgment, hereinafter "Tenant's MSJ"].) For the following reasons, Landlord's motion for summary judgment is GRANTED and Tenant's motion for summary judgment is DENIED.

II. BACKGROUND

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2021 U.S. Dist. LEXIS 202670 *; 2021 WL 5456666

FITNESS INTERNATIONAL, LLC, Plaintiff, v. DDRM HILL TOP PLAZA L.P., and DOES 1 through 10 inclusive, Defendants.DDRM HILL TOP PLAZA L.P., Counterclaimant, v. FITNESS INTERNATIONAL, LLC Counter-Defendant

Prior History: Fitness Int'l v. Ddrm Hill Top Plaza L.P., 2021 U.S. Dist. LEXIS 193266 (C.D. Cal., Feb. 25, 2021)

CORE TERMS

Tenant, Lease, summary judgment, force majeure, rent, pay rent, lease agreement, closure order, excused, declaratory relief, premises, closure, frustration, contract claim, failure to pay, impossibility, delayed, reasonable trier of fact, performance of an act, fitness center, impracticability, coronavirus, nonmoving, defenses, pandemic, parties, reasons, argues

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Burdens of Proof, Movant Persuasion & Proof, Burdens of Proof, Genuine Disputes, Supporting Materials, Affidavits, Nonmovant Persuasion & Proof, Business & Corporate Compliance, Breach, Breach of Contract Actions, Elements of Contract Claims, Contracts Law, Nonperformance, Standards of Performance, Impossibility of Performance, Frustration of Purpose, Impossibility of Performance, Impracticability, Declaratory Judgments, State Declaratory Judgments, Scope of Declaratory Judgments