Facts

Plaintiff claimed that defendant breached a lease agreement by denying plaintiff the right to improve, use, and occupy the premises for the purposes of providing hospital related services. The matter proceeded to trial and a judgment was entered on March 1, 2011 in favor of plaintiff for $294,819.06.

On April 22, 2011, the court granted defendant's motion for a judgment notwithstanding the verdict and entered a judgment in favor of defendant for over $1.5 million for costs and attorney fees.

The Court of Appeal reversed the decision granting the judgment notwithstanding the verdict and directed the trial court to reinstate the jury's verdict and enter a judgment in favor of plaintiff

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was liable for damages for breach of contract and plaintiff was the prevailing party entitled to attorney fees.

DEFENDANT'S CONTENTIONS:
Defendant claimed it was not liable for breach of contract and was the prevailing party entitled to attorney fees even after the jury verdict was reinstated on the basis that plaintiff had failed to obtain specific performance of the lease.

Result

The trial court granted plaintiff's motion for over $1.2 million in attorney fees resulting in a total judgment for plaintiff including interest and costs of over $1.7 million.

Other Information

FILING DATE: Aug. 14, 2009.