3328 Oakhurst v. Oakhurst National Plaza CA2/2

Filed 5/29/14 3328 Oakhurst v. Oakhurst National Plaza CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

3328 OAKHURST, LLC, B242868

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SC110202) v.

OAKHURST NATIONAL PLAZA, LLC et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Allan J. Goodman, Judge. Affirmed.

Law Offices of James B. Smith, James B. Smith; Benedon & Serlin, Gerald M. Serlin and Douglas G. Benedon for Defendants and Appellants.

Egerman & Brown, Mark Egerman, Philip Brown and Lee A. Egerman for Plaintiff and Respondent.

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Defendant and appellant Oakhurst National Plaza, LLC (Oakhurst National), through its manager, LM Management LLC (LM), entered into a purchase and sale agreement (the purchase agreement) to sell its apartment building for $7.5 million to Mark Egerman (Mark) (the transaction). Pursuant to an amendment to the purchase agreement, plaintiff and respondent 3328 Oakhurst, LLC (3328 Oakhurst) was subsequently substituted in for Mark as the buyer. After Oakhurst National cancelled escrow and terminated the transaction, 3328 Oakhurst sued Oakhurst National, LM, and LM’s sole owner and member, Marvin Markowitz (Markowitz), for, inter alia, breach of the purchase agreement. Oakhurst National, LM, and Markowitz cross-complained for breach of the same agreement. Following trial, a jury found in favor of 3328 Oakhurst, and judgment was entered. Oakhurst National and LM appeal. They argue: (1) they were discharged from performance because 3328 Oakhurst did not perform a concurrent condition and/or condition precedent; and (2) LM was not a party to the purchase agreement. According to Oakhurst National and LM, because the judgment must be reversed, so too must the award of attorney fees and costs in favor of 3328 Oakhurst. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The Purchase Agreement Oakhurst National owned a 31-unit apartment building located at 3328 Oakhurst Avenue in Los Angeles (the building). LM was Oakhurst National’s managing member; Markowitz was LM’s manager as well as its sole member and owner. Oakhurst National elected to sell the property. Mark and his son, Lee Egerman (Lee), learned of the listing and thought the property presented a good investment opportunity.