2013 Verdict - Pizzeria Owner Evicted over Non-Payment of "Rent"
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.
