David Brnilovich's Legal Cases (4)

Real estate

Bellas Artes de Mexico, Inc v Argento, LLC , et.al.

Dec 19, 2017

OUTCOME: Judgment for plaintiff $1,215,269. and fees of $241,206 upheld Az, Court of Appeals 1CA-CV 16-0090.

Commercial tenant sued lessor and its principal for breach of lease for failure to deliver premises pursuant to amended lease, for conversion of assets for wrongful landlords lien and disposition sale ... . Lessor failed to timely deliver workshop space adjacent to furniture showroom. Lessor then engaged a worker to grind glue from the cement floor in the workshop space which created a dust tsunami . The dust coated plaintiff's retail inventory making it unfit for retail sale forcing plaintiff to close its doors. Lessor then claimed to have lien on the assets for unpaid rent, seized and sold the assets of the plaintiff.

Commercial real estate

Schmidt v Schmidt, Arizona Court of Appeals, 1CA-CIV 12-0701

Aug 05, 2014

OUTCOME: Private arbitration award in favor of client confirmed as a judgment of Superior Court, Court of Appeals confirmed. Client recovered attorneys fees at arbitration, in the Superior Court and application for fees is pending in the Court of Appeals

Self-dealing manager of real estate LLC found to be liable for breach of covenant of good faith and fair dealing in LLC operating agreement. Prevailed at private arbitration. Superior Court confirmed t ... he award as a judgment of the Superior Court and Court of Appeals affirmed the judgment. Proceedings enabled client to force the sale of the judgment debtor's membership interest in the LLC.

Real estate

Queiroz v Harvey, 220 Ariz.273, 203 P3d 1120

Jan 01, 2009

OUTCOME: Supreme Court affirmed that seller not obligated to close escrow

Misrepresentation by real estae buyer's agent imputed to buyer and seller successfully defended specific performance lawsuit.

Wills and living wills

In re Estate of Shumway, 198 Arizona 323, 9 P3d 1062

Jan 01, 2000

OUTCOME: Supreme Court defined probable cause for will contests and held that penalty clause in will enforceable only if no showing of probable cause

Will contest. Challenge of the forfeiture clause in a will.

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