Art Galvez and Abel Galvez v. Rex Bennett, Janice Bennett and Does 1 through 100, inclusive
Published: Dec. 23, 2006 | Result Date: Jun. 28, 2006 | Filing Date: Jan. 1, 1900 |Case number: NC041025 Bench Verdict – $1,150,000
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
William W. Steckbauer
(Steckbauer Weinnart LLP)
Defendant
Facts
Plaintiffs Art and Abel Galvez filed suit against Rex and Janice Bennett. Their claims involved a parcel of real property.
Contentions
CONTENTIONS:
Plaintiffs alleged that defendants had breached a written contract between the parties, entitled "Commercial Lease Agreement," which included a provision giving the plaintiffs the option to purchase the real property. They also claimed that defendants had failed to return a lease deposit of $1,000 to plaintiffs. Plaintiffs also sought specific performance to have defendants convey title to the real property to them pursuant to the option. Plaintiffs also alleged fraud.
Damages
Plaintiffs requested $307,866.72 in damages for the defendant's breach of contract, return of their $1,000 lease deposit, specific performance of the option provision, and incidental damages on their specific performance cause of action.
Result
Plaintiffs were awarded $1,458,866.72. Plaintiffs were awarded $308,866.72 for their breach of contract damages, plus their lease deposit. The court also granted specific performance of the option provision, and declared plaintiffs owners of the disputed property, retroactive to May 18, 2004, the date plaintiffs recorded a lis pendens with the Los Angeles County Recorder. Defendants were ordered to provide plaintiffs with a quit-claim deed to the property. Defendants were also ordered to pay plaintiffs $1.15 million as incidental damages on plaintiff's cause of action for specific performance. Plaintiff was also awarded costs of suit, and interest accruing at 10 percent per annum on the total judgment. The fraud cause of action was found in defendants' favor.
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