Yuuup!: 'Storage Wars' Star David Hester Just Lost His Court Battle With Public Storage
In an opinion Friday, California's Fourth District Court of Appeal found that the reality TV personality now "finds himself at war with defendant Public Storage," but that Hester lost this most recent breach of contract battle with the global self-storage company.
May 29, 2020 at 02:36 PM
3 minute read
"Storage Wars" star David Hester will lose out on the contents of a storage unit he purchased for nearly $12,000 when it was mistakenly put up for auction, after a California appeals court ruled against him.
In an opinion Friday, California's Fourth District Court of Appeal found the reality TV personality "finds himself at war with defendant Public Storage," but that Hester lost this most recent breach of contract battle with the global self-storage company.
About half an hour after Hester bought a unit at a Public Storage lien sale, an employee discovered the original occupant of the unit had paid off his past-due balance weeks before the sale, according to the opinion. But it was still listed in the auction due to a "technical glitch."
The appeals court agreed with Public Storage's Keker, Van Nest & Peters counsel and the Superior Court of Orange County that the company properly voided the sale under the null and void clauses.
Public Storage and Keker's Erin Meyer and Christopher Sun did not immediately respond to requests for comment Friday morning.
Hester claimed that the null and void clauses are precluded by California Uniform Commercial Code Section 2328, which mandates that a sale is closed once it is announced by an auctioneer, "because [the clauses] improperly add additional grounds for undoing a completed sale," according to the ruling.
Associate Justice Eileen Moore, joined by Associate Justices Richard Aronson and Richard Fybel, found that Hester misread the statute.
"Contrary to plaintiff's assertion, nothing in Section 2328 shows any intent by the Legislature to establish the grounds for voiding a completed sale, let alone the exclusive grounds," Moore wrote. "If the Legislature had intended for this statute to establish the entire means for a buyer and seller to void a completed auction sale, it would have said so."
Hester also said the null and void clauses were precluded by Business and Professions Code Section 21711, which dictates procedures for how self-storage facilities conduct lien sales. The justices said that Hester read too much into the act's language stating a purchaser "takes the goods free of any rights of [the occupants] against whom the lien was claimed, despite noncompliance by the owner of the storage facility."
"The language on which plaintiff relies only clarifies that an occupant has no claim against a good faith buyer even if the owner did not comply with the act," Moore said. "It does not apportion any risk of an erroneous sale between a buyer and an owner. Further, plaintiff's reading of the statute would effectively mean an owner could never void an erroneous sale regardless of how soon the error was discovered."
Hester's attorney, Dale Washington of the Law Offices of Dale Washington in Los Angeles, did not respond to a request for comment at the time of publication.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readMorrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Law Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250