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CONFIDENTIAL

Oct. 12, 1996

Breach of Contract
Lease/Option to Buy
Declaratory Relief

Confidential

Settlement –  $43,200

Judge

Anita Rae Shapiro

Anita Rae Shapiro

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Charles I. Karlin

Charles I. Karlin


Defendant

Rebecca B. Mocciaro
(Law Office of Rebecca B Mocciaro)

Rebecca B. Mocciaro
(Law Office of Rebecca B Mocciaro)


Facts

The plaintiff's predecessor-in-interest and the defendant entered into a 10-year lease of the subject premises on Sept. 9, 1969 that was extended for three five-year terms and expired on May 31, 1995. It was determined in 1993 that the building needed a new roof. The plaintiff requested that the defendant replace the roof. The defendant refused. The plaintiff paid $108,203 for a new roof. The plaintiff brought this action against the defendants based on breach of contract and breach of the covenant to maintain theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $60,000. The defendants made a C.C.P. º998 offer of compromise for $25,000.

Damages

The plaintiff claimed $108,203 in new roof costs.

Other Information

The settlement was reached approximately one year and two months after the case was filed.


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