Sherwood Partners, Inc. v. EOP-Marina Business Center, L.L.C.

Opinion

KITCHING, J.

INTRODUCTION

Plaintiff and appellant, Sherwood Partners, Inc. (Sherwood), as an assignee for the benefit of the creditors of an insolvent entity called WhatsHotNow.com (tenant), filed suit against tenant’s landlord, defendant and respondent EOP-Marina Business Center, L.L.C. (EOP), for return of tenant’s security deposit in the amount of $324,000. The trial court entered judgment in favor of Sherwood. EOP appealed. The Court of Appeal reversed and remanded the case, directing the trial court to enter judgment in favor of EOP, allowing it to retain the security deposit.…