United States Ninth Circuit
First Nat'l Mortgage Co. v. Fed. Realty Investment Trust, 09-16377
In an action for breach of contract regarding a ground lease of the Santana Row mixed-use land project in the city of San Jose, district court's judgment and $15.9 million damage award in favor of plaintiff for anticipatory breach is affirmed where district court: 1) did not err in submitting questions to the jury regarding the ambiguity of the lease; 2) did not err in awarding plaintiff the full benefit of its bargain in the form of damages for both lost rent and the value of its lost put option; and 3) properly determined that plaintiff could not recover the amount of its expert witness fees under the relevant California statute, but could recover limited expert witness fees pursuant to federal law.
Appellate Information
- Decided 02/01/2011
- Published 02/01/2011
Judges
- THOMPSON
Court
- United States Ninth Circuit