California Court of Appeal

In a suit by plaintiff-commercial tenant against his landlord for exclusive parking rights under his lease, a judgment for defendants despite a jury verdict in favor of plaintiff is affirmed where: 1) the trial court erred in disregarding the jury's verdict when fashioning equitable relief founded on the same evidence and the same operative facts as the verdict; 2) however, the defense of equitable estoppel was a matter within the exclusive province of the trial judge and it raised legal and factual issues undecided by the jury; and 3) while the trial court should have considered the equitable defense first, the order of trial was within the court's discretion and did not divest the judge of his duty to determine applicability of equitable estoppel.

Appellate Information

• Decided 11/12/2008
• Published 11/12/2008

Judges

• SEPULVEDA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas Eugene Ho‘Okano, Gold River, for Appellant.


• For Appellees:
  
• Peter Hass, Richmond, for Respondents John P. Dolan and Margaret Dolan., Theresa Noreen Muley, Pleasanton, for Respondent John P. Dolan., Michael John Veiluva, Walnut Creek, for Respondent Margaret Dolan., Arlene Segal, Walnut Creek, for Respondents Said Nabhan and Faeda Nabhan.