GREEN LTD LC VS PORT OF DES MOINES LLC ET AL


Case Name:GREEN LTD LC VS PORT OF DES MOINES LLC ET AL
Case Number:LACL154866
Date of Trial:04/03/2025
Venue:
Polk County
Casetype/Claims: Plaintiff/Counterclaim Defendant (Green LTD) claims against Port of Des Moines and Michael LaValle: breach of contract (failure to pay lease agreement) and liability as partial guarantor respectively. Counterclaim Plaintiffs/Defendants (Port of Des Moines & Michael LaValle) claims against Green LTD, Richard Eychaner, and Eychaner Properties LLC (counterclaim defendants): breach of contract (covenant of good faith and fair dealing), fraudulent inducement, fraudulent misrepresentation.

Judge:Jeffrey D. Farrell

Plaintiff's Counsel:Katelynn Turner McCollough, Deborah Marie Tharnish, Ann Marie Holden Kendell Defendant's Counsel:Thomas Clinton Goodhue, Bryony Joy Whitaker, Angel Anna West

Verdict:For plaintiff

A. Plaintiff Green LTD’s claim against Defendant Port of Des Moines and Defendant Michael LaValle: for Plaintiff Green LTD
B. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of breach of contract: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC
C. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of fraudulent inducement: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC
D. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of fraudulent misrepresentation: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC

Demand Before Trial:
Offer Before Trial:

Statement of Case:
Green LTD LC (Green) filed this lawsuit against Port of Des Moines LLC (Port of Des Moines) and Michael LaValle. Green claims that Port of Des Moines breached two lease agreements (the 2016 Lease Agreement and the 2019 Lease Agreement) by failing to pay rent. Green claims that LaValle is liable for part of the rent as a partial guarantor. Port of Des Moines claims that it is not liable for unpaid rent because it was excused by the lease agreements' Force Majeure clauses.

Port of Des Moines and LaValle have made claims against Green, Richard Eychaner, and Eychaner Properties, LLC (Eychaner Properties). The claims include breach of contract, fraudulent inducement, and fraudulent misrepresentation. As part of their breach of contract claim, Port of Des Moines and LaValle claim that Green violated the implied covenant of good faith and fair dealing. Port of Des Moines and LaValle's claims are based on their allegation that Green, Eychaner, and Eychaner Properties did not correctly calculate the common area maintenance, insurance, and taxes (CAMIT) rent, that they misrepresented the CAMIT, and induced them into entering into the 2019 Lease Agreement by misrepresenting CAMIT. Green, Eychaner, and Eychaner Properties deny these claims.

Do not consider this summary as proof of any claim. Decide the facts from the evidence and apply the law which I will now give you.

Injuries alleged:

Official Jury Verdict Form:
05771__LACL154866_CVVD_14556218.pdf05771__LACL154866_CVVD_14556218.pdf

Documents of interest:
(when available)
05771__LACL154866_INST_14556213.pdf05771__LACL154866_INST_14556213.pdf

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