Results

Retail Tenant v. Owner and Manager of High-Rise Office Building

June 2012

Sedgwick obtained an adjudicated dismissal for our clients, the owner and manager of a high-rise office building in downtown San Francisco, in California state court. The plaintiff, a retail tenant that operates a restaurant in the building, sued our client, alleging multiple claims of fraud, breach of contract, nuisance, trespass and unjust enrichment. The claims covered a wide variety of allegations, including that our clients had misrepresented the size of the plaintiff’s leased space, leased an adjacent space in the building to a competing restaurant, allowed that restaurant to install improper cooking equipment causing a release of cooking odors, and failed to take several actions to help the plaintiff promote its business.  Through a series of motions – including motions for summary adjudication and for judgment on the pleadings, demurrer and motion to strike – Sedgwick eliminated each claim against our clients.  The court concluded that several claims were barred by the express terms of the lease, that the plaintiff failed to produce evidence in support of other claims, and that the alleged release of odors from the adjacent restaurant did not constitute a trespass under California law.  Having eliminated all of the plaintiff's claims, the court entered judgment for our clients, entitling our clients to recover their costs and attorneys' fees pursuant to the lease terms.