[RPPTL LandTen] Pro-Art Dental Lab Case

Arthur J. Menor AMenor at shutts.com
Tue Jul 29 05:37:03 PDT 2008


Perhaps this case deserves further attention and discussion.  Since the
Court is saying that motion practice is permitted in cases governed by
summary procedure and defaults can't be entered if any motion is filed,
is there now too great an opportunity for tenants to delay eviction in
contravention of the policy behind summary procedure?   Does the rent
deposit requirement overcome this potential for abuse?  What about a
tenant who holds over in a situation where the landlord has immediate
need for the space (because of a lease to a succeeding tenant or a
redevelopment of the property)?
 
Arthur J. Menor 
Partner  
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