Eucasia Schools Worldwide, Inc. v. DW August Co.

Eucasia Schools Worldwide, Inc., appellant, sued its landlord, DW August Company (DW), and Wendle Schoniger, respondents. The judgment was entered after a jury returned a special verdict in favor of respondents. The judgment awarded DW attorney fees of $124,997.

The sole contention is that the trial court erroneously denied its motion for a directed verdict on a cause of action for breach of contract. The theory is that DW breached the lease as a matter of law because it failed to give proper notice of its intent to inspect the leased property. As we shall explain, a lease notice provision can be modified by the lessee’s direction to give notice to the lessee’s counsel.

Factual and Procedural Background

We summarize the evidence in the light most favorable to respondents, resolving all conflicts in. their favor. (See, e.g., Joaquin v. City of Los Angeles (2012) 202 Cal.App.4th 1207, 1218 [ 136 Cal.Rptr.3d 472 ].)

DW leased real property (the premises) to appellant, which operated a private elementary school. Respondent Wendle Schoniger was the president and chief executive officer- of DW.

The relationship between appellant and respondents was strained. In November…