Mary Ann Sipper v. Robert Murrin, et al.
Published: Jan. 6, 1996 | Result Date: Dec. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: SWC105438 – $122,000
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Federico C. Sayre
(Adamson Ahdoot LLP)
Defendant
Experts
Plaintiff
Edward Schillo
(technical)
Defendant
Bernie Martinez
(technical)
Facts
In January, 1985, the plaintiff/defendant, Mary Ann Sipper, leased a commercial building to the plaintiff/defendant, John Stafford. Stafford operated a bar (Toe's Tavern) in the building. In 1985, the defendants, Peter Logan and Robert Murrin, were guarantors of Stafford's lease obligations. Logan and Murrin sold the bar to Stafford and guaranteed Stafford's performance of the lease as a condition of Sipper consenting to the assignment of the lease to Stafford. Stafford was operating Toe's Tavern in the building under a triple net lease. In October 1988, Sipper undertook to perform required earthquake remediation work on the building. Sipper retained the defendant roofing contractor to perform the remedial work. The defendant roofing contractor was not licensed. The defendant roofing contractor tore open the roof in order to install earthquake bracing. Sipper and the defendant roofing contractor got into a dispute for certain other extra work. The building inspector indicated that the entire roof would have to be replaced because it was thicker than allowed by the building code and a plywood sheeting would have to be installed to comply with earthquake remedial work requirements. The roofing contractor stopped work on the roof and left it open. A month later, rain storms damaged the building causing Stafford to close his business and vacate the premises. Stafford filed an action against Sipper for constructive eviction and related causes of action. Sipper brought an action against Stafford, Logan and Murrin for breach of the lease agreement, alleging that rent was due for the balance of the term of the lease agreement and for damages to the building. In 1993, the defendant roofing contractor settled with Sipper for $19,500.
Settlement Discussions
The plaintiff, Stafford, made a C.C.P. º 998 demand for $175,000. Sipper informally proposed mutual dismissals, with each side waiving costs and attorneys' fees.
Damages
$______ for ___________.
Other Information
The verdicts were reached approximately six years after the cases were filed. The cases were consolidated for trial. Attorneys' fees will be requested pusuant to C.C.P. º1717. The case had been tried to a mistrial in October, 1992.
Deliberation
7 days
Poll
11-1 (in favor of Stafford), 9-3 (in favor of Sipper against Stafford), and 12-0 (in favor of the defendants, Robert Murrin and Peter Logan, and against Sipper)
Length
11 days
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