Campagna v. Gatley Properties
Appellant Gatley Properties, LLC. (Gatley) and respondent James Campagna were engaged in a dispute over the terms of a commercial lease originally negotiated between Campagna's assignor, respondent Kenneth Arutunian, and the predecessor owner of the property, The Board of Trustees of the Leland Stanford Junior University (Stanford). In a prior appeal (H022749) this court held, inter alia, that the lease called for base rent and overage rent throughout the 19-year term of the lease. Upon remand, the superior court made various rulings that included the determination of overage rent payable by Campagna to Gatley. Gatley again appeals, contending that (1) the trial court used an incorrect formula in calculating overage and (2) the court should have awarded prejudgment interest. Court find merit in these arguments and therefore must reverse.
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