Zanker Development Co. v. Cogito Systems Corp.

This appeal is taken from a judgment entered in favor of plaintiff and respondent Zanker Development Co. (Zanker) and against defendants and appellants (Cogito), Ching Fong Investment U.S.A. Corp. (Ching Fong) and Su Shiong Huang (Huang). The judgment was against Cogito for breach of a written lease agreement and against Ching Fong and Huang for breach of their written guarantees of the lease. The action was filed after Zanker had obtained an unlawful detainer judgment against Cogito, and Cogito had vacated the building it had leased from Zanker.

Prior to anticipated jury selection, the trial court granted Zanker’s motion in limine to exclude evidence of offers by Cogito to relet plaintiff’s premises “on other terms and conditions” made after Zanker had obtained the unlawful detainer judgment against Cogito. That ruling was the subject of a petition for writ of mandate and stay request filed by Cogito; the petition and stay were denied by this court on June 3, 1987 (H003157). Thereafter, the parties agreed to submit the action to the court for decision based upon 57 documentary exhibits as well as written and oral stipulations of fact agreed upon by all parties. The…