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Contracts
Breach of Lease
Landlord and Tenant

Robert J. May dba Mailboxes of Cupertino v. Evershine VI

Published: May 6, 2003 | Result Date: Mar. 18, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV7998811 Verdict –  $0

Judge

Robert A. Baines

Court

Santa Clara Superior


Attorneys

Plaintiff

Michael E. Cardoza
(The Cardoza Law Offices)


Defendant

Maria S. Bellafronto


Experts

Plaintiff

Paul Mainard
(technical)

Defendant

Mark D. Cohen
(technical)

Facts

The plaintiff, a franchisee, operated Mailboxes of Cupertino that was located in a shopping center owned by the defendant, Evershine VI. The plaintiff entered into a lease with the defendant landlord which contained a clause that gave the plaintiff the exclusive right to offer certain mailing services. Subsequently, a pre-existing tenant, Longs Drugs, established a "mailing center" in its store in 1996. The plaintiff sued the defendant for breach of its lease.

Settlement Discussions

The plaintiff submitted a demand of $367,000 which was reduced to $150,000 prior to trial. The defense offered $35,000 which, on the day of trial, was increased to $50,000.

Damages

The plaintiff claimed lost profits and damage to its business as a result of the competition from Long's.


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