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Contracts
Breach of Contract
COREA

Marquee Park Place Homeowners Association v. Maguire Properties, LP, et al.

Published: Nov. 16, 2013 | Result Date: Sep. 27, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 30-2008-00110023 Verdict –  $1,384,956 on counter-claim

Court

Orange Superior


Attorneys

Plaintiff

Donald J. Hamman

Stanley Feldsott


Defendant

David C. Grant

Cindy M. Chon


Facts

Plaintiff Marquee Park Place Homeowners Association ("Marquee") consists of members who own condominium units located at Marquee Park Place in Irvine.

Defendants are the former and current owners of certain various buildings and common areas located in a mixed-use development known as Park Place-Irvine as well as the former and current managing agent of the Construction, Operation and Reciprocal Easements Agreement (COREA). The defendants filed a counter-claim against plaintiffs.

All of the owners of property in Park Place-Irvine are bound by the COREA, which the court found in Phase I of the trial is a covenant that runs with said land.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the managing agent breached the COREA by improperly allocating and overcharging it for its allocated share of common area operating costs for the years 2006-2011.

DEFENDANT'S CONTENTIONS:
The managing agents denied this claim and sued for failing to pay the full amount of common area operating costs allocated to plaintiff for these years.

Result

Verdict for $1,384,956 for the defendants/cross-complainants.

Other Information

FILING DATE: July 31, 2008.

Deliberation

3.5 hours

Length

nine days


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