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.

Real Property
Breach of Lease
Specific Performance

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

Julia L. Birkel

Todd M. Sloan


Defendant

Gary Schwartz


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.


#110046

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

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