Jackie Booker and Lily Nierenberg obtained a defense verdict in a breach of contract case based upon the defense of impossibility. Plaintiffs leased the premises from defendants, the owner and property managers, and then discovered methamphetamine contamination. Prior to leasing the property to plaintiffs, defendant owner called the police when he discovered his property was used the home as an illegal marijuana grow facility, but the police said it was a civil matter. The defendant property owner remediated the property, retained a new property management company and leased the property to plaintiffs with no knowledge that methamphetamine had been used on the property. Plaintiffs claimed hundreds of thousands of dollars in damages for rent, moving expenses, hotel and food expenses, and replacement of all of their personal property and furniture as well as attorney’s fees under the fee shifting provision of the contract. After the defense verdict, Defendants were awarded their costs and attorney’s fees.
