Baskharoon, et al. v. Timon Investment, LLC et al.



    Plaintiffs operated a cigar shop located in Tustin, California.  On or about October 17, 2015, there was a water leak at the cigar shop due to a broken pipe in the interior wall.  The terms of the Plaintiffs’ lease agreement expressly required that 1) the Plaintiffs were solely responsible for the entire interior of the cigar shop and 2) that Plaintiffs were to maintain insurance covering among other things, water damage, business interruption and property damage related to the cigar shop.  Plaintiffs failed to maintain the requisite property coverage, water damage and business interruption insurance coverage and filed a lawsuit against the landlord.

    Outcome of Superior Court Case:

    The Court granted the Defendants Motion for Summary Adjudication and dismissed the case for Plaintiffs’ failure to appear at the MSC.

     Appeal by Plaintiffs:

    Plaintiffs’ filed an Appeal based on 1) The Superior Court’s Order granting the Summary Judgment Motion and 2) the Superior Court’s Order denying Plaintiffs’ Motion to Set Aside the Summary Judgment Order. 

    Outcome of the Plaintiffs’ Appeal:

    The Appellate Court upheld the lower court’s ruling and awarded Respondents costs.

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