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
Court
Santa Clara Superior
Attorneys
Plaintiff
Michael E. Cardoza
(The Cardoza Law Offices)
Defendant
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.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390