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Real Property
Landlord and Tenant
Breach of Contract

Cave Productions LLC v. John Hugo

Published: Jan. 9, 2010 | Result Date: Feb. 19, 2009 | Filing Date: Jan. 1, 1900 |

Case number: SC087996 Verdict –  Cross-defense

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Robert J. Solis


Defendant

James L. Goldman
(Miller Barondess LLP)


Facts

Plaintiff Cave Productions (Cave) and cross-defendant Lakeshore Entertainment Group (Lakeshore) leased a Pacific Palisades home from defendant John Hugo for use by cross-defendant Bruce Hunt. In December 2004, Hunt traveled to Australia with his family for the holidays. The trip was extended from January 5th to the 20th, and during this time, a leak in a toilet feed pipe breached through the floor and damaged other portions of the house. The damage was not known until Hugo discovered it a week before Hunt returned. Cave sought a return of its deposit and unused lease payments. Hugo cross-claimed against Lakeshore and Hunt.

Contentions

PLAINTIFF'S CONTENTIONS:
Cave claimed that the damage to the home was insufficient enough for Cave to have its deposit returned.

DEFENDANT'S CONTENTIONS:
Hugo contended that, had Lakeshore or Hunt notified him of the water leak earlier, the damage could have been avoided. Arrangements for inspections of premises while they were on vacation could have been made. Hugo contended that he was not notified Hunt was going on vacation, which violated the lease agreement

Result

Considering only Hugo's cross-claims, the jury returned a verdict for the cross-defendants, determining that Lakeshore did not breach the lease agreement.

Other Information

FILING DATE: Dec. 20, 2005.


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