Douglas G. Lynn (as Trustee of the Douglas G. Lynn and Alberta Lynn Trust), et al. v. Pacific Telephone & Telegraph Co.; and related cross-complaint
Published: Aug. 23, 1997 | Result Date: Jul. 1, 1997 | Filing Date: Jan. 1, 1900 |Case number: 972897 Verdict – $113,324
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
Beginning in the spring of 1982 and until Oct. 2, 1992, plaintiffs/cross-defendants Douglas G. Lynn (as Trustee of the Douglas G. Lynn and Alberta Lynn Trust), Virginia L. Casella (as Trustee of the Virginia Casella Living Trust) and Georgine Casella (as Trustee of the Alfred and Georgine Casella Revocable Living Trust) claimed that defendant/cross-complainant Pacific Telephone and Telegraph Co. failed to properly maintain the light industrial building warehouse located at 34 Brannan Street, as required under the lease agreement. The plaintiffs claimed the lease contained broad maintenance provisions which the defendant had drafted. The plaintiffs claimed that the roof had leaked and later had caused the structural steel rebar to rust; that the elevator had not been repaired; and that the defendants had failed to maintain the steel framed windows, causing them to become inoperable. Water had also allegedly been allowed to enter through the parapet wall and cracked glass in the skylight, which had not been maintained. The plaintiffs claimed this damage prevented them from reletting the property, causing substantial rent loss. The defendants claimed the roof was over 20 years old, that the windows were as old as the building, which had been constructed in 1918, and that under the lease, they were obligated only to repair, not replace, worn out parts of the building or elevator. The defendant argued that the damage to the property was ordinary wear and tear. The plaintiffs brought this action against the defendant based on a breach of contract theory of recovery. The defendant cross-complained for reimbursement of real property taxes in the amount of $16,725 which had been paid by the cross-complainant on behalf of the cross-defendants.
Settlement Discussions
The plaintiffs made settlement demand for $209,628. The defendant made a settlement offer of $20,260.99.
Damages
The plaintiffs claimed $209,628.69 in damages. The cross-complainant claimed $16,725 in property taxes paid.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. An arbitration was held on Oct. 30, 1996 before George Schwab of Townsend & Townsend resulting in an award of $469,454 in favor of the plaintiffs. The defendant requested a trial de novo.
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