Pacey v. Moine
Filed 2/16/07 Pacey v. Moine CA2/8
NOTTO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court,rule 977(a), prohibits courts and parties from citing or relying on opinionsnot certified for publication or ordered published, except as specified by rule977(b). This opinion has not been certified for publication or orderedpublished for purposes of rule 977.
INTHE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECONDAPPELLATE DISTRICT
DIVISIONEIGHT
| GEOFFREY R. PACEY, as Administrator, etc.
Plaintiff and Respondent,
v.
CHARLES MOINE,
Defendant and Appellant.
| B185777
(Los Angeles County Super. Ct. No. NC 034524)
|
APPEAL from a judgment of the Superior Court of Los Angeles County,Judith Van Der Lans, Judge. Affirmed.
John E. Douglass for Defendant andAppellant.
Camarena and Plese and Anton Plese for Plaintiffand Respondent.
* * * * * *
CharlesMoine appeals from a judgment awarding respondent Geoffrey R. Pacey, asadministrator of the estate of Grace Pacey, the amount of $36,000 for wrongfuluse or occupation of real property owned by Grace Pacey.
FACTS
The essential facts are these. Duringthe relevant period, Grace Pacey was the owner of a vacant lot of approximately4,600 square feet at the corner of Lecouvreur Avenue and â€
| Description | Appellant moved for a new trial on the basis that the damages were excessive and there was insufficient evidence to justifythe damages awarded. Appellant argued that, viewed in the light most favorableto respondent, the evidence at trial indicated that respondent "is due menseprofits [sic] of $12,270," not $36,000 as the jury found. Appellant thus asked for a new trial on the issue of damages unless respondent consented to areduction of damages to the lesser sum. At no time did appellant contend thatmesne profits was an improper measure of damages. The court denied the motion for new trial, noting evidence had been given by defense witnesses "talking about [a] reasonable rental rate" of$38,000. Appellant appealed the judgment. The judgment isaffirmed. Respondent is to recover his costs on appeal. |
| Rating |
