California Court of Appeal

Trial court judgment that the liquidated damages provision in a lease did not constitute an unlawful penalty is affirmed where the liquidated damages clause was presumptively enforceable under Civil Code sec. 167 and defendant had the burden to demonstrate otherwise, which it could not do as evidence that the clause was arbitrary was not conclusive and was countered by expert testimony introduced by plaintiff.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kinkle, Rodiger and Spriggs, Scott B. Spriggs and Michael F. Moon, Riverside, for Defendant and Appellant., Seltzer CaplanMcMahon Vitek, Neal P. Panish and Kevin O. Moon, San Diego, for Plaintiff and Respondent.