![]() In October 2020, Shapell served CFI with a formal ten day notice to pay rent or quit. CFI responded by letter on Augand denied that it had defaulted under the lease. This letter was sent to CFI's corporate offices in Fort Meyers, Florida. In a letter dated August 17, 2020, Shapell effectively gave CFI notice that it was in default of the lease for failing to pay rent. In January, 2021, CFI resumed paying full rent, but never provided any of the delinquent rent funds from the previous year. July through December, 2020, CFI paid half of the rent due monthly to Shapell. ![]() The chief operating officer of CFI hosted a conference call for landlords of its various locations and expressed the hope that the landlords would accept reduced rental rates due to the pandemic and reduced to no customer traffic at the physical sites. CFI failed to pay rent in April, May and June of 2020. CFI rented a commercial real estate space from Shapell pursuant to a lease agreement entered into between the parties. Shapell Socal Rental Properties (Shapell) works in the area of owning and managing commercial real estate. ![]() (CFI) owns a chain of retail stores that sells women's clothing. The fact that one party failed to pay rent and pushed the envelope due to COVID closures did not change the obligation of professionalism between legal teams. Chico's FAS, Inc., found on appeal that attorneys have both an ethical and statutory duty to notify opposing counsel of an intent to seek a default. In quite a scolding for defense counsel, the court in Shapell Socal Rental Properties, LLC v.
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