Cooper
Cooper v. Westbrook Torrey Hills, LP
Opinion
Opinion
Benke, J.
Plaintiff Harry G. Cooper appeals from an order denying his motion to recover from defendant Westbrook Torrey Hills, LP (Westbrook), costs Cooper incurred in making a cash deposit which stayed foreclosure proceedings initiated by Westbrook. Cooper contends the loan costs are recoverable under rule 26(c), California Rules of Court. We agree with Cooper and reverse the trial court’s order.
Factual and Procedural Background
Cooper and Westbrook owned adjacent parcels of land they wished to develop. Toward that end, Cooper, Westbrook and other adjoining landowners entered into a development agreement with the City of San Diego (the City) and a separate agreement among developers (AAD) with each other dated June 14, 1989. The agreement with the City required Westbrook and Cooper to pay the City the cost of infrastructure improvements that the City would make. In addition, Westbrook, Cooper and other landowners agreed to improve their respective parcels in a number of respects, including for instance altering existing soil levels. The AAD made Westbrook, Cooper and other adjoining landowners financially responsible for the cost of these improvements.