Legal Opinion

Montoya v. Villa Linda Mall, Ltd.

New Mexico Supreme Court

Decided May 30, 1990No. 18794PublishedCited by 41 opinions

1Opinion of the Court

OPINION

BACA, Justice.

Villa Linda Mall (Villa Linda), defendant below, appeals the award of attorney’s fees to Montoyas. The Montoyas prevailed at the district court on claims of negligent misrepresentation and constructive fraud relating to their lease for commercial space. They received a damage award of $66,800’set off by a $10,200 award for Villa Linda’s counterclaim for past due rent based on a breach of the lease. The district court awarded Montoyas $42,825 in attorney’s fees pursuant to the lease.

Montoyas were food vendors who contracted with appellants to lease retail space in the…

2Cases cited13 opinions

  1. John N. Fortier and Linda M. Fortier v. Dona Anna Plaza Partners, James A. Peterson, Peterson Properties, Inc.Court of Appeals for the Tenth Circuit · 1984
  2. State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
  3. CC Housing Corp. v. Ryder Truck Rental, Inc.New Mexico Supreme Court · 1987
  4. Cable Marine, Inc. v. M/v Trust Me Ii, M. Whiting, Ronald Gurvin and Small Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1980
  5. First National Bank v. Bernalillo County Valuation Protest BoardNew Mexico Court of Appeals · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. Ponder v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2000
  3. DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
  4. Nearburg v. Yates Petroleum Corp.New Mexico Court of Appeals · 1997
  5. Kirkpatrick v. Introspect Healthcare Corp.New Mexico Supreme Court · 1992

36 more not listed; retrieve them via the Exa API.

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