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Breach of Contract
Declaratory Relief
Lease

Canyon Lake Property Owners Association v. Amato's Pizza, Inc.

Published: Jun. 26, 1999 | Result Date: Dec. 14, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 296532 Bench Verdict –  $42,731

Judge

Joan F. Ettinger

Court

Riverside Superior


Attorneys

Plaintiff

Peter E. Racobs


Defendant

J. Scott Bennett


Facts

In 1996, the plaintiff rented its country club restaurant-bar to the defndant. The plaintiff required certain minimum levels of restaurant-bar service from dawn to dusk for the benefit of its adjacent golf course. The lease included an Exhibit that set out certain specific percentages for reimbursement of commonly metered utilities for the country club. The defendant did not serve full meals past 2 p.m. and contended that no exhibit was attached to or part of the lease. The defendant remitted the utility reimbursements in amounts it contended were fair and the plaintiff filed suit for declaratory relief and breach of lease damages. The defendant cross-complained against the plaintiff for declaratory relief.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $ _____. The defendant made a C.C.P. º998 offer compromise for $______.

Damages

$16,339.60 for utility reimbursement sought and $39,561.45 in attorney's fees and costs.

Other Information

The verdict was reached approximately one year and 11 months after the case was filed. A settlement conference was held before retired Judge Elwood Rich, of Riverside Superior Court, resulting in no settlement.

Length

one day


#96976

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