San Leandro Land v. Nicholas K. Corp.
Defendant Nicholas K. Corporation (NKC), formerly Paulus Enterprises, Inc. (Paulus Enterprises) doing business as The Ford Store San Leandro (The Ford Store), appeals from a bench trial judgment, and an amended judgment awarding costs and attorney fees (the fees award), each in favor of plaintiff San Leandro Land, LLC (San Leandro Land) in this action for breach of contract.[1] The contract is a written “Side Agreement†(side agreement) for rent increases executed along with an “Agreement for Purchase and Sale of Stock†(stock purchase agreement). NKC attacks the judgment for claimed error in summary judgment granted to San Leandro Land on NKC’s amended cross-complaint for rescission, reformation and declaratory relief, and the fees award by arguing that San Leandro Land is not a prevailing party and, in any event, waived fees by failing to seek mediation before bringing suit as required by the stock purchase agreement. We ordered the appeals consolidated, and now reject all of the asserted bases for reversal.
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