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CONFIDENTIAL

Sep. 13, 1997

Breach of Contract
Cross-Complaint
Breach of Lease

Confidential

Settlement –  $0

Judge

Ronald S. Prager

Court

San Diego Superior


Attorneys

Plaintiff

Richard R. Leuthold


Experts

Plaintiff

Benjamin Briggs
(technical)

Facts

This litigation involved a landlord-tenant dispute concerning a commercial lease. The tenant previously withheld a portion of the rent payment, and was evicted by way of an unlawful detainer action in November 1996. The plaintiff filed this action alleging damages for the landlord's breach of the lease. The landlord filed a cross-complaint for past and future rent and damage to the premises. The plaintiff brought this action against the defendant based on a breach of contract theory of recovery.

Settlement Discussions

The settlement discussions were not disclosed. However, the agreement was approved by the court on the day of trial call.

Damages

The tenant sought rescission of the lease and monetary damages. The landlord sought damages on the cross-complaint for past rent of $35,000, future rent until July 1998 of $200,000, cost of repairs to the premises of $90,000, plus attorney's fees and costs.

Other Information

The settlement was reached appoximately one year after the case was filed.

Poll

__________ (#s pls.)


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