California Court of Appeal

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Tin Tin Corp. v. Pacific Rim Park, LLC, H032371

In an action for breach of contract and causes of action for fraud, breach of fiduciary duty, and accounting brought by 12 commercial tenants alleging that defendant-landlord had been unfairly charging them the cost of its LLC taxes and fees, grant of nonsuit on plaintiffs' causes of action is reversed where: 1) the leases in the record contemplated a more direct connection to the property than was represented by the form of the business entity that owned the property; 2) LLC taxes and fees were not the cost of the owning property but the costs of operating a business in a form that limited the personal liability of its principal; 3) plaintiffs' failure to object to the additional information suggested that defendant adequately complied with their request and thus either satisfied the contract term or cured any initial deficiency in compliance; and 4) there was no error in the trial court's determination that the September 20, 2002 letter was insufficient to constitute retroactive written approval of a new performance date.

Appellate Information

  • Decided 02/02/2009
  • Published 02/02/2009

Judges

  • ELIA, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Judy C. Tsai, San Jose, Attorney for Plaintiffs and Appellants.

  • For Appellees:
  • Kenneth R. Van Vleck, Robert W. Luckinbill, Mountain View, and Kathryn C. Curry, Attorneys for Defendant and Appellant.
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