Payne

Julius Castle Restuarant, Inc. v. Payne

Good Law
157 Cal. Rptr. 3d 839·216 Cal. App. 4th 1423
Court of Appeal of CaliforniaJune 10, 2013A130955, A130957; A131905California7,082 words

Opinion

Opinion

Dondero, J.

The owner of a historic landmark restaurant property leased the premises to a corporation operated by two local restaurateurs. The restaurant closed after six months of operation and the parties filed lawsuits against each other. A jury ruled in favor of plaintiffs Julius Castle Restaurant, Inc. (JCRI), Charles Stinson, and John Bonjean on their claim of fraud. It also ruled in favor of defendants James Frederick Payne and Top of the Rock Castle, LLC (TOTRC), on their cross-complaint for breach of contract. Defendants have filed three consolidated appeals claiming that (1) the trial court committed prejudicial error in allowing plaintiffs to introduce parol evidence in support of their fraud claim, (2) the amount of damages awarded to them on their cross-complaint is insufficient, (3) the court erred in awarding damages to plaintiffs upon the termination of a preliminary injunction, and (4) the court erred in awarding attorney fees to plaintiffs. In light of the recent Supreme Court decision in Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn. (2013) 55 Cal.4th 1169 [ 151 Cal.Rptr.3d 93 , 291 P.3d 316 ] (Riverisland), we conclude the judgment for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.