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United States District Court for the Central District of California
June 30, 2021, Decided; June 30, 2021, Filed
SACV 20-953 JVS(ADSx)
CIVIL MINUTES - GENERAL
Proceedings: [IN CHAMBERS] Order Regarding Motion for Partial Summary Judgment
Plaintiffs STORE SPE LA FITNESS 2013-7, LLC, ("STORE") and STORE MASTER FUNDING V, LLC, ("STORE Master") (together, "Plaintiffs") move for partial summary judgment as to counts I, II, VI, and VII of the First Amended Complaint ("FAC") asserted against Fitness International, LLC, ("Fitness International") and Fitness & Sports Clubs, LLC, ("Fitness & Sports") (together, "Defendants"). Mot., Dkt. No. 63. Defendants filed an opposition. Opp'n, Dkt No. 68. Plaintiffs filed a response. Reply, Dkt. No. 70 .
For the following reasons, the Court GRANTS the motion.
STORE Master was formerly the landlord of a commercial property that tenant Fitness & Sports operated as a fitness center (the "Preston Highway Property"), and the parties' relationship is governed by an Amended and Restated Lease (the "Preston Highway Lease"). Statement of Uncontroverted Facts ("SUF") ¶¶ 1, 5. Fitness & Sports is currently the tenant (and STORE is the landlord) [*2] of three commercial properties that Fitness & Sports operates (or formerly operated) as fitness centers (the "Edge O Lake Property," "Blake James Property," and "Wellington Property"), and the parties' relationship is governed by three separate leases (the "Edge O Lake Lease," "Blake James Lease," and "Wellington Lease"). Id. ¶¶ 2-4, 6. Fitness International signed Guaranty Agreements in which it agreed to be "jointly and severally bound with" Fitness & Sports for its performance under each of the aforementioned leases. Id. ¶¶ 7-9. The Preston Highway, Blake James, and Wellington Properties are all located in Kentucky and their respective leases are governed by Kentucky law, while the Edge O Lake property is located in Tennessee and ia governed by Tennessee law. Id. ¶ 10.
i. The Preston Highway Lease
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 141913 *; 2021 WL 3285036
STORE SPE LA Fitness et al. v. Fitness International, LLC et al.
Prior History: Store SPE LA Fitness 2013-7, LLC v. Fitness Int'l, LLC, 2020 U.S. Dist. LEXIS 197885 (C.D. Cal., Sept. 11, 2020)
Lease, summary judgment, rent, sublease, force majeure, obligations, closure, Tenant, Landlord, gyms, fitness center, written notice, excused, provisions, subtenant, default, breach of contract, impracticability, cure, frustration of purpose, temporary, vandalism, repairs, matter of law, wear and tear, Counterclaims, Guaranty, Premises, good condition, material fact
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Appeals, Reviewability of Lower Court Decisions, Preservation for Review, Appropriateness, Judgments, Partial Summary Judgment, Entitlement as Matter of Law, Legal Entitlement, Evidence, Inferences & Presumptions, Inferences, Burdens of Proof, Opposing Materials, Accompanying Documentation, Supporting Materials, Affidavits, Burdens of Proof, Nonmovant Persuasion & Proof, Movant Persuasion & Proof, Real Property Law, Lease Agreements, Commercial Leases, Long Term Commercial Leases, Contracts Law, Contract Interpretation, Good Faith & Fair Dealing, Torts, General Premises Liability, Dangerous Conditions, Natural Conditions, Business & Corporate Compliance, Contracts Law, Types of Contracts, Guaranty Contracts, Standards of Performance, Impracticability, Impossibility of Performance, Frustration of Purpose, Breach, Nonperformance, Consideration, Enforcement of Promises, Forbearance, Contract Formation, Sufficient Consideration, Special Proceedings, Eminent Domain Proceedings, State Condemnations, Judicial Notice, Adjudicative Facts, Facts Generally Known, Public Records, Verifiable Facts