Waller
Waller v. TJD, INC.
Opinion
Opinion
Puglia, J.
TJD, Inc. (defendant), appeals from a judgment entered on a jury verdict awarding respondents (plaintiffs) damages for breach of a lease between the parties. On appeal defendant contends the superior court erred in denying its motion for summary judgment, and that the court failed in its order of denial adequately to state its reasons. We shall conclude that defendant has failed to establish prejudice from these alleged errors, and affirm the judgment.
Since defendant has not designated the reporter’s transcript as part of the record on appeal, such facts as are necessary to our discussion and analysis are taken from the pleadings, the motion for summary judgment and opposition to the motion. The complaint alleges that in April 1985 plaintiffs leased to defendant real property in Nevada County for a term of five years. The agreement was in writing and called for monthly rental payments of $4,200. In each month between July 1988 and the termination of the lease in March 1990 defendant paid only a portion of the rent due, the amount varying between $2,500 and $3,200 per month. Plaintiffs calculated that a total of $23,100 remained owing when the leasehold expired.