Former Tenants Receive Defense Verdict, After Claiming that Commercial Lease was Unenforceable

Synopsis: Following a 3-day jury trial, husband and wife chiropractors received a defense verdict, claiming their lease was unenforceable due to a change in Santa Rosa’s zoning laws. They also received an award of attorneys’ fees and costs in excess of $233,000.

Case Type: Landlord and Tenant – Breach of Lease; Breach of Contract; Zoning

Case Name: AFC Rosewood, LLC v. Hoang Nguyen and Anna Hoang

Case Number: SCV 242165

Date: 5/3/2012

Trial Type: Jury

Trial Length: 3 days

Deliberations: 25 minutes

Verdict for: Defense

Attorney for Plaintiff: Timothy C. Cronin and Alan R. Johnston, The Cronin Law Group,

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Court Awards Almost $300K on Claims for Breach of Contract and Conversion

Synopsis: Plaintiff sought damages under various theories arising in connection with a contract to sell guns on a consignment sale basis. After a three day court trial, the court awarded damages in the total amount of $291,927.

Case Type: Breach of Contract / Conversion

Case Name: Harte v. Bridgewater

Case Number: SCV-243407

Date: 05/26/2011

Trial Type: Court

Trial Length: 3 Days

Verdict for: Plaintiff

Attorney for Plaintiff: Marvin Pederson – Law Offices of Marvin Pederson, Santa Rosa, CA

Attorney for Defense Bridgewater: Ryan F. Thomas – Johnston Thomas, Santa Rosa,

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Jury Renders Defense Verdict to County Following Action in Which Property Owner Sought $3 Million for Breach of Contract and Intentional Interference

Synopsis: Plaintiff claimed it was entitled to $3 million as a result of the County’s alleged failure to grant an easement pursuant to a 1987 Dedication Agreement. After a 17-day trial, the jury rendered a defense verdict.

Case Type: Breach of Contract

Case Name: Paul Scheinberg, Successor Trustee of the Salmon Family Trust v. County of Sonoma

Case Number: SCV 242816

Date: 11/15/2011

Trial Type: Jury

Trial Length: 17 days

Verdict for: Defense

Attorney for Plaintiff: Daniel Post and Allison Fries – Anderson, Zeigler, Disharoon, Gallagher & Gray

Attorney for Defense: Steve Mitchell, Leo Bartolotta and Robert Henkels –

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Judge Awards $758,422 to Commercial Property Owner for Breach of Lease

Synopsis: Tenant, the owner of a gun store and indoor shooting range, sold its business and assigned its lease to Buyer. After Buyer closed the business, Landlord pursued Tenant for various claims relating to the breach of its commercial lease. The judge denied the various defenses raised by Tenant and awarded damages in the sum of $758,422 for Breach of Lease and Waste.Case Type: Breach of Contract

Case Name: Enyart v. Montana Hawk

Case Number: SCV-245477

Date: 07/27/2011

Trial Type: Bench

Trial Length: 2.5 days

Verdict for: Plaintiff

Attorney for Plaintiff: Karin P. Beam – Spaulding McCullough & Tansil

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Plaintiff Received Award of $7,547 After Bench Trial on Employment Dispute

Synopsis: Plaintiff sued Employer, claiming compensation was owing for services performed as Chief Financial Officer. Employer disputed Plaintiff’s claims and cross-complained for labor and materials provided to Plaintiff for his personal residence. The Court found in favor of Plaintiff on his breach of contract claim, but offset the award finding that money was owing from Plaintiff to Employer for labor and materials, resulting in a net recovery for Plaintiff of $7,547.

Case Type: Breach of Contract

Case Name: Knepper v Shear Builders

Case Number: SCV-247231

Date: 04/12/2011

Trial Type: Bench

Trial Length: 1 day

Verdict for: Plaintiff on complaint;

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