Adwire Inc. v. 9606 Partners
Published: Feb. 8, 2005 | Result Date: May 24, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC298953 Bench Decision – $15,286
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan D. Wallace
(technical)
Facts
Defendant 9606 Partners, owner of commercial buildings in Beverly Hills, demanded that its tenant plaintiff Adwire Inc., a family-owned Internet web designer, pay $87,000 in additional rent related to disputed subtenants. The plaintiff refused and the defendant then served the plaintiff with a notice to quit. The plaintiff vacated the premises. The plaintiff sued the defendant for breach of lease for failing to approve subtenants and for terminating the lease. The defendant had filed an unlawful detainer action that it later sought to convert to an ordinary civil action for collection of the disputed rent. The two actions were consolidated. The defendant claimed that the plaintiff breached the lease by failing to pay the disputed rent. The defendant further alleged that the plaintiff owed over $300,000 in damages based on its inability to mitigate; the premises still had not been released at the time of trial. The plaintiff contended that defendant failed to approve its subtenants in retaliation for plaintiff's refusal to pay the disputed rent; the subtenants had been in possession for months but with only verbal approval.
Settlement Discussions
According to the plaintiff, the defendant terminated mediation after the plaintiff asserted it was the damaged party. The plaintiff offered $10,000 in settlement.
Damages
The defendant sought over $300,000 in damages. The plaintiff sought nominal damages for moving expenses and attorney fees. The plaintiff was forced to trial because of the defendant's high demand.
Result
After a bench trial, the plaintiff was awarded $15,286 plus $44,379 in attorney fees. There was a post-trial settlement and no appeal.
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