Facts

On Nov. 15, 1988, plaintiff Nancy On executed a lease as a tenant to operate a restaurant with landlord Roger W. Norman. The lease estimated the square footage of the premises to be approximately 1,530 square feet. In 1989, defendant Norman sold the property to defendant William S. Lackey Jr., and Lackey transferred the property to 730-40 Nordahl LLC.

Plaintiffs vacated the property in December 2010.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that after vacating, they realized the square footage of the premises was overstated by approximately 194 feet and they were overcharged during their 22-year tenancy in the amount exceeding $121,000.

DEFENDANT'S CONTENTIONS:
Defendants contended that the square footage was not overstated and the square footage measurements were consistent with industry standards to include the Building Owners and Managers Association standards.

Defendants also claimed that all claims were barred by the statute of limitations.

Damages

In addition to the contractual claim for damages in excess of $121,000, plaintiffs claimed emotional distress damages.

Result

Judgment for defendants on the bifurcated statute of limitations defense.

Other Information

Motion for attorney fees and costs, and the cross-complaint of 730-40 Nordahl LLC, was stayed pending bankruptcy filed by plaintiffs. According to the defense, plaintiffs filed for bankruptcy hours after defendants received judgment in its favor. FILING DATE: Dec. 3, 2012.