Post by Complex Appellate Litigation Group LLP

Michael von Loewenfeldt and Charles Kagay won a motion for new trial, then successfully defended that ruling on appeal, following an adverse jury verdict in a case involving claims by a San Francisco homeowner against his former architects. The homeowner, CALG’s client, retained an architectural firm to perform an extensive remodel. The firm allegedly failed to perform as it agreed, and the homeowner sued, seeking approximately $9 million in damages. The trial court allowed the firm to argue to the jury that because the homeowner had retained the firm personally, but his personal revocable trust owned the property, he was not a proper plaintiff. To that end, the jury instructions charged that the homeowner could only be deemed a proper plaintiff if he introduced a written deed into evidence. While the homeowner testified he owned the property, he did not introduce a written deed. The jury thus found for the firm. CALG was retained post-trial and persuaded the trial judge that the written deed instruction was error requiring a new trial. The firm appealed, but the Court of Appeal affirmed, agreeing with CALG's arguments that personal ownership and ownership through a personal trust is an immaterial distinction for the purposes of suit, and that ownership of real property can be proved through oral testimony. You can read the Court of Appeal's opinion in the link below. https://lnkd.in/dnt7xDsR