Pajaro Dunes Rental Agency, Inc. v. Pajaro Dunes Ass'n

MEMORANDUM *

Pajaro Dunes Association (“the Association”) appeals the judgment following a jury verdict in favor of Pajaro Dunes Rental Agency, Inc. (“PDRA”) on the Association’s damages claim for loss of use of an office building, pursuant to an agree *955 ment with PDRA whereby PDRA was to construct the building and deed it to the Association either upon the expiration of the term of the agreement or immediately upon termination following PDRA’s commission of a “major breach.” The Association’s loss-of-use claim was all that remained for trial, as the district court had granted summary judgment to the Association on all of PDRA’s claims against it and on all of the Association’s other counterclaims. The Association contends that the district court erred in: (1) jury instructions; (2) barring expert testimony on the fair rental value of the building; and (3) denying the Association’s motion for attorney’s fees.

PDRA cross-appeals the district court’s grant of summary judgment to the Association based upon its finding that PDRA breached the agreement. Specifically, PDRA contends that: (1) the agreement was void ah initio due to the Association’s failure to obtain a valid use…