Taylor
Taylor v. Hankin CA2/3
Opinion
Opinion
Lavin, J.
INTRODUCTION
Krista Lynn Taylor and Roderick Taylor (Taylors)1 sued Lisa Hankin for breach of contract, negligence, and breach of bailment after a horse that Hankin leased from the Taylors was permanently injured while in Hankin’s care. The trial court granted summary judgment in Hankin’s favor after finding all of the Taylors’ claims arose out of the underlying lease agreement, which contained no provision, express or implied, contemplating that the horse would be returned to the Taylors in any particular condition. The court awarded Hankin more than $215,000 in attorney fees and costs. The Taylors appeal from the judgment and subsequent fees and costs awards. Because Hankin did not meet her burden to show no triable issues of fact exist as to any of the Taylors’ claims, we reverse the judgment and fees and costs awards entered in her favor.
FACTS AND PROCEDURAL BACKGROUND
1. The Lease Agreement The Taylors own a show horse named Bravado, who they call Bravo. In late July 2017, the Taylors and Hankin executed a lease agreement (Lease Agreement) through which Hankin agreed to lease Bravo for one year for a single payment of $45,000. Under the terms of the Lease Agreement,…