David Nixon v. The Doheny Plaza Association, Inc.
Published: Aug. 22, 1998 | Result Date: Jun. 24, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC047031 Bench Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Lawrence S. Strauss
(Law Office of Lawrence S. Strauss)
Defendant
Experts
Defendant
Anne W. Silver
(technical)
Facts
On May 1, 1987, defendant, The Doheny Plaza Association (Doheny), as lessor, and plaintiff David Nixon, as lessee, entered into a 10-year lease for a house owned by Doheny. Under the terms of the lease, the plaintiff had the option to extend the lease for an additional 10 years if the plaintiff gave timely written notice to Doheny of the exercise of the option. The lease contained a "time is of the essence" clause. Another provision in the lease required the plaintiff to spend not less than $25,000 to improve and refurbish the house. The plaintiff alleged that, prior to the execution of the lease, Doheny represented that the house was registered with the West Hollywood Department of Rent Stabilization. The plaintiff further alleged that from 1987 through 1994, he was over-charged rent and, therefore, entitled to a refund as well as treble damages and attorney fees pursuant to West Hollywood's Rent Stabilization Ordinance. In his cause of action for declaratory relief, the plaintiff sought a declaration that he timely exercised his option under the lease agreement with Doheny to extend the lease for an additional 10 years. The plaintiff brought this action against the defendant based on declaratory relief, rent control violation, security deposit violation, unjust enrichment, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent misrepresentation, intentional misrepresentation and breach of the covenant of quiet enjoyment. Only the causes of action for declaratory relief, intentional and negligent misrepresentation and rent control violations were tried before the court. The court granted the defendant's motion for summary adjudication with respect to the other causes of action.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $40,000. The defendant made an offer of $2,000.
Other Information
The verdict was reached approximately one year and two months after the case was filed.
Poll
___ - ___ (Nos. Pls.)
Length
four days
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