Fong v. Sheridan CA1/1
This is the second appeal we have considered in this matter. In the first appeal, Fong v. Sheridan (Apr. 21, 2016, A144286) [nonpub. opn.] (Fong I), we reversed in part the trial court’s statement of decision regarding the damages award and prevailing party determination. We explained the statement of decision, by providing only a gross sum, failed to “meaningfully explain how that figure was determined” and constituted error. We vacated the damage award and instructed the trial court to “explain the factual basis for the damage award.”
Following the issuance of the remittitur in Fong I, the trial court entered a revised statement of decision. That statement set forth eight specific items of damages it was awarding “for discovery and remediation of the tanks,” as well as its calculation regarding recoverable rental costs. The court concluded all other damages “were not supported by the evidence.”
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