McCulloch
McCulloch v. M & C Beauty Colleges, Inc.
Opinion
Opinion
Trotter, J.
Defendant M & C Beauty Colleges, Inc. (M & C), lessees under a five-year commercial lease with Michele Tamma, former owner of property at 301 No. Main St. in Santa Ana, appeals from a judgment against it in a suit for unlawful detainer brought by recent purchasers of the property, Jack and Joy McCulloch. The 1981 lease between M & C and Tamma provided by addendum that M & C had a “right of first refusal to meet any bona fide offer of sale” of the subject property “on the same terms and conditions of such offer.” M & C’s defense in the unlawful detainer action was that it had properly exercised its right of first refusal, the sale to the McCullochs was void, and it was under no obligation to pay rent to them. A jury rendered a nine-to-three verdict in favor of the McCullochs specifically finding, “. . . that Plaintiffs Jack McCulloch and Joy McCulloch were the bona fide purchasers of the real property located at 301 North Main Street . . .,” that the McCullochs were the owners and that M & C failed to pay rent. The court found damages suffered by plaintiffs to be in the amount of $12,733.32. Plaintiffs submitted a cost bill which included a request for attorneys’ fees in…