Staples

Staples v. Hoefke

Bad Law
189 Cal. App. 3d 1397·1987 Cal. App. LEXIS 1450·235 Cal. Rptr. 165
Court of Appeal of CaliforniaMarch 3, 1987B008757California6,077 words

Opinion

Opinion

Kriegler, J.

—Plaintiffs appeal from judgments entered in favor of defendants on causes of action alleging breach of lease and trespass. Plaintiffs also appeal from the order denying plaintiffs’ motion for judgment notwithstanding the verdict, as well as the orders granting costs to defendants and sanctions against plaintiffs for filing a frivolous cost bill.

Facts

Plaintiff Dale Staples, majority stockholder in plaintiff Optronics Specialty Corporation, signed a lease to rent the premises at 8579 Canoga Avenue in December 1975. The lessor was defendant Otto Hoefke, who owned the building on Canoga Avenue. The suite at 8579 Canoga was at the north end of the building. There were no partitions or walls dividing the building at the time the lease was signed. The building was ultimately divided into three suites, using the addresses 8579, 8577 and 8575 Canoga Avenue.

Plaintiffs were involved in computerized photography of art work. As a result of this high-tech line of work, plaintiff Staples told the leasing agent for defendant Hoefke that the lease would have to contain language prohibiting excessive vibration by other tenants using drop hammer equipment. The purpose for this was…

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