New Age Kaleidoscope LLC v. Jer H. Shaw
Published: Mar. 21, 2004 | Result Date: Jun. 29, 2003 |Case number: BC294703 Bench Decision – $141,140
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
The commercial landlord was plaintiff New Age Kaleidoscope LLC. The defendant was Jer H. Shaw, lessee under a ground lease. The plaintiff brought an unlawful detainer action against the defendant for nonpayment of rent and forfeiture of a ground lease of a 33,000 sq. ft. office building. The plaintiff also claimed that the defendant breached the lease by encumbering the ground lease with over $3 million in liens/loans. The defendant admitted that $.5 million in liens was not authorized by the ground lease but alleged that the landlord had consented to the placement of a $2.5 million lien on the office improvements.
Damages
The plaintiff claimed to have sustained a loss of $141,140 in unpaid rent and charges, and sought forfeiture of the ground lease (with approximately 33 years remaining).
Other Information
After the verdict for the plaintiff, the defendant moved for relief from forfeiture under C.C.P. Section 1179. The motion was denied by the trial court. The defendant then moved ex parte for a stay pending appeal. The appeal was dismissed Aug. 25, 2003.
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