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Breach of Contract
Landlord and Tenant
Specific Performance

Finn Industries Inc. v. City of Commerce

Published: Mar. 18, 1995 | Result Date: Mar. 7, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC035468 –  $0

Judge

Florence T. Pickard

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert D. Conaway
(Law Office of Robert D. Conaway)


Defendant

Brian A. Pierik
(Burke, Williams & Sorensen LLP)


Experts

Plaintiff

Bruce L. Ross
(technical)

Richard Jirsa
(technical)

Defendant

Matthew Doyle
(technical)

Doug Jones
(technical)

Jill Ryer-Powder Ph.D.
(technical)

Patrick Hubbard
(technical)

Facts

Plaintiff Finn Industries, Inc., leased the subject property from Defendant City of Commerce from 1982 to 1987 when Plaintiff negotiated a renewal of such lease. Under the terms of the new agreement, Defendant was to do the following: remove asbestos insulation around pipes, remove PCB's from electrical transformers, remove underground storage tanks and any associated soil contamination on the property, and get a soils engineer to prepare a report certifying that all contaminated soil had been removed.

Settlement Discussions

Defendant contends that it offered $10,000 and that Plaintiff demanded $11,000,000.

Damages

$10,000,000 in relocation expenses, replacement value of equipment, lost profits, and loss of business value. Defendant city cross-complained for $250,000 in rent which was allegedly owed.

Deliberation

16 days

Poll

9-3 on complaint, 12-0 on cross-complaint

Length

5 weeks


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