Good Steward LLC v. Mack Sylver, Inc., et al.
Published: May 17, 1997 | Result Date: Apr. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 95169981 – $253,213
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Holquin Fahin
(technical)
Franzen Hill
(technical)
Facts
The defendant corporation, Mack Sylver Inc., as lessee, signed a service station lease in 1985 with plaintiff Good Steward LLC, as lessor, promising, among other things, to install new double-walled underground storage tanks and to comply with provisions of the Sher Bill (Underground Storage Tank Law), and to not assign the lease without the lessor's consent. A similar lease was signed by the same parties in 1990. The plaintiff claimed that the defendant breached the 1990 lease by failing to install double-walled tanks and otherwise comply with the Sher Bill, by failing to operate the underground storage tank system in accordance with the Sher bill, and by assigning or subletting the premises. The defendants claimed, among other things, that the true intention of the 1985 lease was to obtain compliance with the Sher Bill, not installation of double-walled tanks, and that the county of Tulare, which is the enforcement agency, approved the tank installation and monitoring of the station. The defendant also claimed there was no assignment or subletting). The plaintiff brought this action against the defendants based on breach of contract and failure to comply with storage tank regulations.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $230,386 in damages, plus attorney's fees and costs.
Other Information
The verdict was reached approximately one year and 11 months after the case was filed. An arbitration was held on Oct. 31, 1995 before Dennis M. Lynch resulting in an award of $162,540, plus fees and costs. The defendants requested a trial de novo. POST TRIAL MOTIONS: The defendant's appeal is pending.
Length
4 days
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