Three and Three
The ninth mile, the Culver City link to the Westside line from downtown, is due to be completed in three years, coincidentally the terminus of the Saez brothers lease.
Ten months of attempts by the Metropolitan Transit Authority, the Saez brothers landlord, to rout them from property they have rented for a decade at the corner of Washington and National boulevards have, so far, failed.
Here to Stay for How Long?
Having survived September, December, January and April eviction deadlines imposed by their landlord, the brothers remain entrenched at 8817 Washington Blvd.
Three weeks ago in the courtroom of Superior Court Judge Rex H. Minter, behind their attorney, Mr. Brogan, the brothers fought off a summary judgment attempt by the MTA.
Transparent or Not?
Metro argued that its lease with the brothers was so clear no question remained about the accuracy of its position in seeking to seize the property immediately.
The judge held that there were unsettled questions.
Whether MTA will appeal the ruling will not be known until Judge Minter issues his final ruling.
The document is due momentarily.
I do not anticipate any surprises, Mr. Brogan said.
Parsing Language
Throughout the past year, the four Saez brothers have maintained that their lease states the only way MTA may evict them prior to the expiration date is to take the land directly for transportation purposes.
If the present case is pursued, one certain clash will involve interpreting the meaning of the lease language that says the property only can be regained by the MTA for transportation-related purposes.
The End
As you know, Mr. Brogan said, the line presently is scheduled to end well east of their property.
In the sometimes balky language found in court rulings, the judge said:
The court denies the motion for summary judgment on the ground that triable issues of fact exist as to the validity of the notice given by MTA, and as oto whether the MTA waqs seeking to terminate the lease based upon a reasonable primary transportation-related purpose.
The lease allows termination only on certain circumstances, to wit: ..provided, however, that MTA shall have the right to terminate this Lease prior to the date specified in Item 4.A by delivering ninety (90) days prior written notice to Tenant if MTA, in its sole, reasonable judgment, determines that it then may require possession of the premises for its primary, transportation-related purposes..
Still to be Decided
With their neighborhood emptying out fast, are the brothers on borrowed time?
Or, is the legal turf beneath them as snug and comfortable as their confidence?
