Campagna
Campagna v. Gatley Properties CA6
Opinion
Opinion
Elia, J.
Background The 15-year history of the parties' dispute is summarized in our prior unpublished opinions in H022749, H033518, H034112, and H035915. The first appeal brought by Gatley (H022749) resulted in reversal of a judgment improperly reforming the parties' amended lease to eliminate overage rent and incorrectly calculating adjusted base rent. In the second appeal (H033518) we held that the court had erred in changing a term of the lease to increase overage rent and that Gatley was entitled to prejudgment interest. In Gatley's third appeal (H034112) we declined to review the superior court's determination that neither party had prevailed for purposes of determining entitlement to attorney fees, because the case was moot in light of our remand in H033518. The fourth appeal (H035915) was brought by both parties: Campagna asserted error in computing overage rent, prejudgment interest, and credit for past overpayments, while Gatley challenged a deduction from overage rent for a subtenant expense and asserted insufficient prejudgment interest. We modified the judgment to allow Campagna an additional $3,500 credit and remanded again to permit Campagna to request a…