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Contracts
Breach of Contract
Landlord and Tenant

Lemon Grove Plaza, Inc. v. Willem Jonker

Published: May 17, 2005 | Result Date: Jan. 18, 2005 | Filing Date: Jan. 1, 1900 |

Case number: CIV220912 Bench Decision –  $261,045

Judge

Frederick H. Bysshe Jr.

Court

Ventura Superior


Attorneys

Plaintiff

Richard M. Norman


Defendant

Dean W. Hazard


Experts

Plaintiff

Michael Abergel
(technical)

Defendant

Kevin McAtee
(technical)

Facts

Plaintiff Lemon Grove Plaza Inc. owned a shopping center in Oxnard. Defendant Willem Jonker owned a pizza restaurant and was a long-term tenant at plaintiff's shopping center. In November 2000, defendant vacated the shopping center 2+ years before the expiration of the lease. He opened a new restaurant in a shopping center that he built across the street from plaintiff's shopping center. The defendant assigned his lease to a Chinese buffet-style restaurant. The plaintiff claimed it consented to the assignment but reserved all claims against defendant for loss of rent. Before vacating, the defendant paid substantial amounts of percentage rent to plaintiff. After vacating, defendant and/or the assignee paid the base rent due under the lease, but no percentage rent. The Chinese buffet-style restaurant was not successful and no percentage rent was generated.

Settlement Discussions

The plaintiff made a demand of $190,000 plus prejudgment interest; defendant made no offer.

Damages

The plaintiff sought percentage rent of $190,000 for the unexpired term of the lease based on the average percentage rent by the defendant in the prior year. It also requested prejudgment interest, costs and attorney fees. On the cross-complaint, the defendant claimed economic damages of $52,423.

Result

After a two-day bench trial, the court found for the plaintiff on its complaint and awarded it $261,045 ($197,074 economic damages (including prejudgment interest) and $63,971 for costs and attorney fees). It also received a defense verdict on the cross-complaint.

Other Information

The defendant filed a notice of appeal.


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