SF PIERS OWNER, INC. VS. PANMED RESTAURANTS, LLC, C/O ALORA
MOTION FOR SUMMARY JUDGMENT / Notice Of Motion And Motion For Summary Judgment
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26681945 - September 4, 2026 Hearing date: September 4, 2026 Case number: CUD26681945 Case title: SF PIERS OWNER, INC. VS. PANMED RESTAURANTS, LLC, C/O ALORA Case Number: | | CUD26681945 | Case Title: | | SF PIERS OWNER, INC. VS. PANMED RESTAURANTS, LLC, C/O ALORA | Court Date: | | 2026-09-04 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT / Notice Of Motion And Motion For Summary Judgment | Rulings: | | Real Property/Housing Court Law and Motion Calendar for September 4, 2026. Line 9.
DEFENDANT PANMED RESTAURANTS, LLC, C/O ALORA MOTION FOR SUMMARY JUDGMENT / Notice Of Motion And Motion For Summary Judgment is DENIED.
Defendant has failed to meet its initial burden of showing that it is entitled to judgment as a matter of law based on the payments made after this action was filed, in light of (1) Section 20.2 of the Sublease and Woodman Partners v. Sofa U Love (2001) 94 Cal.App.4th 766, regarding partial payments; and (2) the last sentence of the Three-Day Notice to Pay or Quit and the third sentence of Article 24 of the Sublease, regarding all payments made after expiration of the Notice.
Whether the payments amounted to only a partial payment, or whether they amounted to payment in full, there is no dispute that Defendant did not pay in full at any time before the Notice expired. =(501/CFH)
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