Barez
Barez v. Ni CA6
Opinion
Opinion
Elia, J.
Facts 1 Plaintiff and respondent Rank Technology Corporation is the owner of commercial property at 4131 El Camino Real in Palo Alto. Fred Barez is the sole shareholder of Rank Technology and its leasing agent for the property. In early February 2010, appellants leased property from Rank Technology through Barez. The lease provided for a term of five years, beginning February 5, 2010 and ending January 31, 2015. Appellants gave Barez a security deposit of $10,000. The lease contained an attorney's fees provision which stated, "If any Party or Broker brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. . . . The term, 'Prevailing Party' shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or abandonment by the other Party or Broker of its claim or defense." On April 9, 2010, appellants sent an email to Barez attempting to…