Facts

On Nov. 13, 2002, plaintiff Lorrie Williams, operating as Closet Stuff, entered into a commercial lease agreement with defendant Constitution Drive Investors Inc. (CDI) for property on Constitution Drive in Menlo Park. The original lease term was 2002 through 2006, giving Williams the option of renewal for another two years. In 2005, Williams exercised the option to renew and and the rent was reduced to the fair market value as of 2006. Williams moved out of the property at the end of May 2008.

Williams filed suit against CDI, alleging breach of lease, negligence, and fraud. Williams alleged that she had informed CDI of leaks in the roof and of window leaks within the first four-year term, but alleged that CDI failed to fix them.

During trial, the court had granted a non-suit motion as to the fraud cause of action.

PLAINTIFF'S CONTENTIONS:
Williams stated that the leaks caused flooding, damaging equipment and products in January 2007. She further stated that, after a new property manager took over in April, a window contractor found the windows were not properly constructed and repaired all windows. Williams contended that the roof leaks were never repaired during the initial lease term, but that the roof was replaced in by CDI in January 2007. She also claimed the concrete slab suffered from wall leaks and HVAC failure.

DEFENDANT'S CONTENTIONS:
CDI denied all allegations, alleging that Williams was careless and negligent. CDI contended that responded to Williams' complaints by making repairs and then having the roof replaced in January 2007. CDI further contended the alleged damages were all part of several claims made to both Travelers Insurance and Golden Eagle Insurance, who each paid Williams for the property damage claim, prior to the lawsuit being filed for the same damages now claimed at trial.

Damages

Williams sought damages for property damage, lost equipment and material, as well as costs incurred due to the issues and incidents, and fees.

Result

The jury rendered a verdict for the defense. The jury found that plaintiff failed to perform under the contract (lease agreement)and that CDI was not negligent. Subsequently, CDI was awarded costs of suit and attorney fees, in the amount of $245,647.

Other Information

Plaintiff filed a motion for new trial and a motion for judgment notwithstanding the verdict. Both motions were denied.

Deliberation

four hours

Length

11 days