A-22-0591, 30 Metropolitan Place, LLC (Appellee) v. Dana Parternership, LLP, and Arun Agarwal (Appellants)

Douglas County District Court, Judge Jeffrey J. Lux

Attorney for Appellants: Thomas M. Culhane, Bonnie M. Boryca, and Ryan L. Crew (Erickson Sederstrom, P.C.)

Attorney for Appellee: Gregory C. Scaglione and Kendra Vosler (Koley Jessen P.C., L.L.O.)

Civil: Breach of Contract

Action Taken by Trial Court: Following a bench trial, the district court found appellant Dana Partnership, LLP, liable for a breach of contract claim which arose under a Master Lease Agreement Dana entered into with 30 Metropolitan Place, LLC. The court found appellant Arun Agarwal liable as the guarantor of Dana’s obligation to pay rent under the Master Lease Agreement.

Assignments of Error on Appeal: On appeal, Appellants allege that the district court erred by (1) finding the testimonies of Agarwal and Dana’s CFO, Lynn Gorman, to not be credible; (2) finding that 30 Metropolitan Place, LLC had standing to bring this breach of contract claim; (3) finding that neither promissory estoppel nor equitable estoppel was proven by appellants; (4) calculating the amount of damages and pre-judgment interest that is owed to 30 Metropolitan Place under the Master Lease; (5) denying the application of payments made by Dana directly to the majority owner of 30 Metropolitan Place as credits towards rent owed; and (6) ordering appellants to transfer the funds from a bank account established by Agarwal in 30 Metropolitan’s name to 30 Metropolitan’s actual bank account to partially satisfy the judgment.