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North Brand Owner's Corp. v. Fireman's Fund Ins. Co.
Plaintiff sued for breach of written lease, account stated, and open book account. A jury found in favor of plaintiff, and awarded it $49,040.49 in unpaid rent and related charges, plus prejudgment interest of $21,568.07, and late fees of $2,452.07. Defendant’s moved for judgment notwithstanding the verdict, or in the alternative for a new trial. The trial court denied the motion. Defendant now appeals from the order denying its motion for judgment notwithstanding the verdict. Defendant contends that the testimony of the sole witness at trial, Weston Munselle, was so inconsistent with his prior declarations and testimony that it cannot constitute substantial evidence to support the verdict. Court disagreed, and affirmed the order.

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