Wolfen
Wolfen v. Clinical Data, Inc.
Opinion
Opinion
Boren, J.
Following a trial without a jury, judgment was entered against defendant Clinical Data, Inc. (hereinafter, Clinical), for damages in the amount of $296,510.66. The damages reflected the total cost necessary to remedy various code violations which arose from structural changes made by Clinical’s subtenant on a commercial lease of real property owned by Louis Glasier 1974 Revocable Trust et al. (hereinafter, collectively referred to as the Owners). Clinical alleges that the court (1) failed to allow, as a deduction from the damage award, a setoff for the value of certain improvements made to the property, (2) failed to apportion between Clinical and the Owners the cost of certain improvements and repairs, thereby unjustly enriching the Owners, and (3) erred in admitting into evidence the Owners’ itemized summary of damages. We find that the Owners had the right to the reversion of property, including all improvements and alterations, without a setoff at the end of the lease term, that the required repairs which had to be made to the property were properly apportioned, and that the Owners’ damage summary was admissible pursuant to Evidence Code section 1509. The judgment is…