Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Citation: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Parent Document: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Jurisdiction: California (state)
Effective Date: 2009-06-19
Original Source: https://www.courtlistener.com/opinion/2267097/bisno-v-douglas-emmett-realty-f... ↗

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The jury was instructed that, among the things Bisno was required to prove as part of his breach of contract claim, he had to show that he “did all, or substantially all of the significant things that the contract required him to do.” In accord with this instruction, the special verdict form asked the jury to determine whether there was a contract between Bisno and Emmett and, if so, whether Bisno did “all, or substantially all, of the significant things that the contract required him to do.” The jury answered “yes” to the first question and “no” to the second. As a result, it did not answer the remaining questions concerning whether Emmett breached the lease and whether Bisno was damaged by such breach, and found for Emmett on this cause of action. Bisno brought a motion for partial JNOV on this claim, contending that legal error occurred because any failure to perform under the lease by him was independent of Emmett’s covenant to seek a rent increase of no more than $2,000 in the event of a sublease of Bisno’s unit. The trial court denied the motion. Bisno contends the trial court erred.

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