City of Dinuba v. Universal Biopharma Research Ins
Respondent, the City of Dinuba (City), filed an unlawful detainer action against appellant, Universal Biopharma Research Institute, Inc. (Biopharma), Universal, Inc., and Kuldip Thusu for failure to pay rent under a commercial lease. The lease agreement did not name Biopharma as a party. The lease listed Universal, Inc., a nonexistent entity, as the tenant. Thusu, Biopharma’s president and chief executive officer, signed the lease, describing himself as the president of Universal, Inc. Thusu also signed a personal guarantee of the lease. A jury found Biopharma was not a party to the lease and thus was not liable to the City.
After obtaining this defense verdict, Biopharma moved for attorney fees under the lease. The attorney fees provision states that, in the event of legal proceedings brought by either party, the prevailing party “may” be entitled to recover attorney fees.
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