Kassab v. Kim CA2/2

Filed 2/3/15 Kassab v. Kim CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

EMAD KASSAB, B247361

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TC024633) v.

JOON HAN KIM et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lynn D. Olson, Judge. Affirmed.

Caroline A. Molloy for Defendants and Appellants.

Rick A. Blake & Associates and Rick A. Blake for Plaintiff and Respondent.

_________________________

This case arises from the sale of commercial property and a dispute over a driveway. Following a bench trial, the trial court found that the sellers had breached the purchase agreement and awarded damages to the buyer. The sellers contend that the buyer produced no evidence of damages and that the damages awarded are excessive. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND1 The Property In 2005, defendants and appellants Joon Han Kim and his wife Soon Ok Kim (collectively the Kims) purchased a commercial lot in Compton, California (the property). A driveway adjacent to the property allowed access to the property’s back parking lot. Fences and gates enclosed the property and driveway. The Kims believed, and from appearances it looked like, the property included the driveway. In 2006, the Kims obtained approval from the City of Compton (the City) to install new gates at the location of the preexisting gates, which allowed the Kims to block access to the property. The Kims also received permits from the City to open a Laundromat on the property, including a permit for the installation of a water filtration system, which the Kims installed under the driveway at a cost of $20,000. The Property Dispute In early 2008, Randy Heffernan and his wife Norma L. Heffernan (collectively the Heffernans) bought the commercial lot next to the Kims’ property. The Heffernans did not believe their purchase included the driveway. In May 2008, when the Heffernans were drawing up plans for a retail grocery store, they learned that the fence along the driveway encroached on their lot. In June 2008, they sent a letter to Mr. Kim informing him of such and asking him to remove the fencing. Mr. Kim asked for a lot survey. Because the Heffernans were low on funds, they did not obtain a survey. However, the Heffernans repeatedly told the Kims that they (Heffernans) owned the driveway. In