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Contracts
Breach of Contract
Lease Agreement

4580 Thousand Oaks Boulevard Corporation v. In-Three Inc.

Published: Jun. 23, 2012 | Result Date: May 3, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 56-2011-00396570- CU-or-SIM Verdict –  $2,863,640

Court

Ventura Superior


Attorneys

Plaintiff

David D. Ernst

Stephen L. Backus


Defendant

Michael D. Burnstein

Guy C. Nicholson


Experts

Plaintiff

Michael P. Russell
(technical)

Defendant

Jeffrey Mintz
(technical)

Facts

The claim arose from Defendant's abandonment of a commercial office building four years, eight months prior to the expiration of the lease term.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant was in breach of the lease. The market conditions prevented re-leasing of the building, warranting damages of $4.7 million.

DEFENDANT'S CONTENTIONS:
Defendant claimed that Plaintiff was not the true owner of the property and owner failed to mitigate its damages.

Result

Plaintiff's verdict for $2,863,640.

Other Information

FILING DATE: April 21, 2011.

Deliberation

two hours.

Poll

12-0

Length

five days


#111477

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