Clyde Terry, Ann Terry v. Alan Levens, Karen Levens
Published: May 18, 2004 | Result Date: Jul. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: FCS021093 Verdict – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Patrick H. Dwyer
(Patrick H. Dwyer Attorney At Law)
Defendant
Experts
Plaintiff
Wayne Davis
(technical)
Troy Nelson
(technical)
Clinton E. Miller J.D.
(technical)
Defendant
Hans-Juergen Freitag
(technical)
Dennis Stowers
(technical)
Delores Sheffield
(technical)
Facts
The plaintiffs, a retired couple, owned property in Dixon. In the spring of 2001, they leased the property to the defendants for use as a dog kennel and training facility, pursuant to a two-year lease with a five-year option. The plaintiffs claimed that there were problems from the beginning and 18 months into the lease, they sued the defendants.
Damages
The plaintiffs sought minimal damages but they did seek a jury finding of breach of the lease and trespass in order too abrogate the defendants' option to continue the lease.
Injuries
The plaintiffs sought minimal damages but they did seek a jury finding of breach of the lease and trespass in order too abrogate the defendnat's option to continue the lease.
Result
At the conclusion of the plaintiffs' case, the court granted the defendants' motion for nonsuit as to the plaintiffs' breach of contract claim regarding unauthorized and dangerous dog training, misrepresentation and the injunction for unauthorized use. The plaintiffs' claims for breach of the lease on account of the trailer and trespass went to the jury which found in favor of the defense.
Other Information
The defense was awarded costs of $4,064 and attorney fees of $110,050. The plaintiffs have appealed.
Deliberation
75 minutes
Poll
12-0
Length
seven days
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