This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Lease
Unlawful Detainer

714-910 S. Angeles LLC v. Moshe Inc.

Published: May 6, 2003 | Result Date: Dec. 4, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC275291 Verdict –  $0

Judge

Richard C. Hubbell

Court

L.A. Superior Central


Attorneys

Plaintiff

Fred A. Fenster


Defendant

David C. Dantes


Facts

The defendant entered into a long-term lease with the plaintiff whereby he would operate a perfume business located in the Gerry Building in the Fashion District in Los Angeles. The plaintiff claimed that the defendant improperly occupied a portion of the common area and made unauthorized improvements to the space. A 30-day notice was served, but the defendant refused to vacate the common area and denied making improvements. The landlord filed an unlawful detainer action.

Settlement Discussions

There were various demands and offers, none of which were disclosed.

Damages

The landlord claimed damages of $160,000 for loss of rental values plus attorney's fees and costs.

Other Information

The plaintiff has filed a motion for judgment notwithstanding the verdict and a new trial, both of which were denied. The plaintiff has appealed to the Court of Appeal. The defendant has filed a memorandum of costs and a motion for attorney's fees.

Deliberation

one day

Poll

12-0 (on estoppel issue)

Length

three days


#106603

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390