NHP/PMB Burbank Medical Plaza v. Premiere Med. Cen
Premiere Medical Center of Burbank, Inc. and its principal Dr. Michael D. Marsh (collectively Premiere) appeal from the judgment entered in favor of Premiere’s landlord NHP/PMB Burbank Medical Plaza I, LLC (NHP) following a court trial in NHP’s unlawful detainer action. Premiere contends the court’s finding it remained in possession of a medical suite it had surrendered to NHP prior to NHP’s filing of the unlawful detainer action was based on a legally incorrect theory of “constructive possession” and, in any event, was not supported by substantial evidence. Because Premiere was not in possession of the surrendered suite, it argues, NHP’s notices to quit or pay rent, which identified rent due for that suite, were incorrect, creating a fatal defect in NHP’s unlawful detainer action. Premiere also appeals from the order denying its motion to vacate the judgment for intrinsic fraud, claiming a NHP principal had testified falsely at trial. We reverse.
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