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Date: 02-03-2025

Case Style:

Dan W. Baer v. Donald G. Grammer

Case Number: 30-2020-01143063

Judge: Lon F. Hurwitz

Court: Superior Court, Orange County, California

Plaintiff's Attorney:


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Defendant's Attorney:


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Description: Santa Ana, California civil litigation lawyers represented the parties in a breach of contract dispute.

Banyan Limited Partnership (Banyan), Pear Tree Limited Partnership (Pear Tree), Orange Blossom Limited Partnership (Orange Blossom), and Apple Orchard Limited Partnership (Apple Orchard) are Nevada limited partnerships. Apple Management Services, LLC, (Apple Management) is a Texas limited liability company.

In 1996, several limited partnerships, including Banyan, Pear Tree, and Orange Blossom, sued Plaintiffs in a case titled Van Dan Limited et al. v. Dan W. Baer et al., Orange County Superior Court case No. 764271 (the Van Dan Lawsuit). After four lengthy phases of trial, Banyan, Pear Tree and Orange Blossom were awarded no recovery from Baer, and Banyan and Orange Blossom were awarded no recovery from SCSD.

A judgment (the Original Judgment) was entered in May 31, 2011. At that time, Grammer was the general partner of Pear Tree and Orange Blossom, and Apple Orchard was the general partner of Banyan. In July 2013, Apple Management became Banyan's general partner in place of Apple Orchard, and Apple Management became the general partner of Pear Tree and Orange Blossom in place of Grammer.

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Legal issue Is a complaint to enforce a judgment for costs against a general partner time-barred by a three-year or a ten-year statute of limitations?

Key Phrases Judgment on the pleadings. Limited partnership liability. Statute of limitations. Costs of suit. Corrected Final Judgment.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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