Osterman v. Cariker
Published: Oct. 25, 2001 | Result Date: Sep. 13, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC061832 Bench Decision – $0
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
H. Perry Dahm
(technical)
Facts
In December 1996 the plaintiffs and the defendant entered into a lease option contract and escrow opened in May
2000. The defendant claimed that the plaintiffs had been in default under the terms of their lease payments and
sought to cancel a $24,000 credit against the purchase price. The plaintiffs sought specific performance of the
escrow at the contract price of $575,000. The value of the property had risen from $604,000 to $993,000
during the lease period.
Result
The plaintiff prevailed on specific performance of the lease option contract to acquire the property and was awarded consequential damages of $26,000 to be off-set against the purchase price, together with attorney's fees and costs.
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