Garcha v. CentralPlaza-UnionCity
This is, as plaintiffs closing trial brief described it, a very simple case. Defendant owned a shopping center which consisted of three buildings, designated A, B, and C. Plaintiffs leased space in Building A in which they operated a Quiznos franchise where they sold sandwiches, under a lease that had an exclusivity provision. When plaintiffs learned that a tenant in Building B was also selling sandwiches, they complained to defendant, to no avail, and then sued, asserting claims for breach of contract, fraud, and negligent misrepresentation.
The fundamental issue at the court trial was whether the exclusivity provision applied to the other building. The court held that it did, and awarded plaintiffs $37,725 for breach of lease (substantially less than they claimed) and declaratory relief. The court rejected the fraud and misrepresentation claims. As prevailing parties, plaintiffs sought attorneys fees under the lease, seeking a total of $271,055, including $24,649 for the fee motion itself. The trial court awarded $85,537, omitting any reference to the amount sought in the fee motion.
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