San Diego Natives Holding v. Hughes
Following a bench trial on their declaratory relief cause of action (Code Civ. Proc.[1], § 1060), Eric Ireland and San Diego Natives Holding Co., LLC (collectively appellants) appeal from the portions of a judgment finding (1) they had contracted to form a partnership with respondents Ralph Hughes and the Hughes Family Trust relating to certain commercial property (at the times, the property); (2) the parties are barred from selling the commercial property for less than $100 per square foot; (3) Hughes is entitled to rent from appellants under a temporary lease and (4) each party should bear its own costs and attorney fees.
We reject Hughes's request to dismiss this appeal. Appellants do not challenge the court's orders voiding a 2007 lease agreement or ejecting Hughes from the premises; therefore, those parts of the judgment are affirmed. We also affirm the costs and attorney fee award because appellants forfeited their right to such an award by failing to timely file a motion for it. We conclude the evidence does not support the court's finding that the parties had contracted to form a partnership; therefore, we reverse that finding and other findings based on it. We remand for the trial court to make additional factual findings as directed below and enter a new judgment consistent with this opinion.
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