Matt Wertheim logoContact Matt at 415-775-8950
Email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Matt Wertheim logo

Contact Matt at 415-775-8950
Email This email address is being protected from spambots. You need JavaScript enabled to view it.

Verdict (P)      $25,184.50 and for Possession of the premises.

Case Nunzio Corporation v. Amjad Al-Asad dba Gino's Pizza. No. CUD-13-645058

Court      Superior Court of San Francisco County, San Francisco

Judge        Jerome Benson

Date           7/15/2013

Plaintiff Attorney(s)
Matthew Wertheim, Law Office of Matthew Wertheim, San Francisco, CA (Nunzio Corp.)

Defense Attorney(s)
Joseph Kostmayer, San Jose, CA (Defendant Amjad Al-Asad)

Facts & Allegations
Defendant entered into a standard commercial lease for a fisherman's wharf pizzeria/restaurant/premises. Defendant failed to pay rent requiring a three (3) day notice. Defendant cured by paying rent. Thereafter, the lessor invoked a lease term requiring lessee to reimburse attorney's fees for having to send the 3 day notice. The attorney's fees were in the amount of $870.00. Lessee paid his rent but failed to reimburse lessor the $870.00. Another three (3) day notice to pay rent or quit was served, and not cured. An unlawful detainer action was filed and served and the case went to a jury trial.

Defendant argued at trial that there was a lease modification between Lessor and Lessee, and that Lessor owed Lessee money based on overpayments, and that therefore the three day notice was inaccurate.

Result
After a 2 day trial, the jury found that rent was due, that defendant was properly served, and entered a verdict against lessee. Thereafter, Judge Benson entered judgment and awarded Lessor $6,483 in back rent, $606.50 costs of suit, and $18,095 of attorney's fees (as the prevailing party under the lease terms). Total Judgment in the amount of $25,184.50.

Pre-trial Offer $25,000 offered to defendant to vacate the premises.

Trial Details

Trial Length: 2 Days
Jury Deliberations: 1 hour
Jury Poll: 9-3 on one issue 10-2 on 1 issue, ad remainder unanimous
Jury Composition: 8 male, 4 female

Post-Trial
Defendant brought a Motion for Judgment Notwithstanding the Verdict, which was denied. Defendant also appealed, which was also denied.

The information you obtain at this site is not, nor is it intended to be, legal advice. See disclaimer.