Lease dispute

2011 - 2012

The firm's lawyers represented one of the Bay Area's top restaurants in a dispute with its landlord. The landlord purchased the Casa Madrona Hotel, where the restaurant is located in Sausalito, in an FDIC foreclosure sale and soon took steps to force the restaurant to either abandon or renegotiate its long-term lease. Among other things, the landlord claimed it was no longer bound by Poggio's leasehold rights to be the exclusive caterer for hotel events. The firm successfully defended Poggio in two trials. In the first, the landlord failed in its effort to evict Poggio in a dispute over permissible rent offsets. In the second, Poggio defeated the landlord's efforts to nullify tenant-favorable lease terms based on rules governing foreclosures. Just prior to a third trial, in which the client was seeking damages for interference with its lease, the case settled.


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