Rezai

Rezai v. City of Tustin

Good Law
1994 Cal. App. LEXIS 673·26 Cal. App. 4th 443·31 Cal. Rptr. 2d 559·94 Daily Journal DAR 9310·94 Cal. Daily Op. Serv. 5083
Court of Appeal of CaliforniaJune 29, 1994G013648California2,830 words

Opinion

Opinion

Wallin, J.

— Feridoun Rezai appeals the judgment entered against him on his causes of action against the City of Tustin and for him on his breach of contract cause of action against Orange Coast Title Company, contending the trial court erred by: (1) granting Tustin judgment on the pleadings; and (2) limiting damages in the judgment against Orange Coast to $102. We affirm.

In March 1989 after a public hearing, Tustin’s planning commission granted Rezai a conditional use permit to construct an 11-unit apartment project. After the building permit was issued and construction began, Tustin received complaints from nearby residents that they had not received notice of the hearing. Tustin determined the list Rezai had submitted omitted several property owners who were entitled to notice.

Rezai had originally submitted a list to Tustin which he had personally checked for accuracy, but he failed to submit the addresses on gummed labels as required. A Tustin employee directed him to Orange Coast, which sold the lists printed on proper labels. Rezai bought the list for $102 and took it to Tustin in its unopened brown envelope. Among the documents in the envelope was a receipt which…

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