News
Elvis D. Gonzalez recently won a bench trial in the Circuit Court of Cook County's Law Division.
The case began when partners in a Chicago restaurant signed a one-sided lease containing terms very unfavorable to them. To make matters worse, even though the partners had formed a corporation, they exposed themselves to potentially significant personal liability by unknowingly signing the lease in their individual capacities.
After issues arose with the condition of the space, the partners terminated the lease early and moved out. The landlord promptly filed suit against them, seeking unpaid rent for the balance of the lease term, damages allegedly caused to the restaurant property and equipment, and its attorneys fees. In addition, under the lease, the partners were responsible for maintaining all aspects of the restaurant space, including structural and mechanical elements usually the responsibility of landlords. This made defenses based on the condition of the space difficult to establish.
Nonetheless, following a four-day bench trial, Mr. Gonzalez proved that his clients were relieved of any obligations under the lease due to water infiltration from parts of the building owned by the landlord above and around the actual restaurant. In addition, Mr. Gonzalez so effectively cross-examined the landlord's witness about the alleged harm to the property and equipment that the Court "was not persuaded that Plaintiff's equipment or premises were damaged to the extent claimed by Plaintiff, if at all."
About Elvis Gonzalez, Ltd.
Elvis Gonzalez, Ltd. is based in Chicago, Illinois, and provides quality litigation and general business counseling services to clients in a highly personalized, cost-effective manner. Its principal, Elvis D. Gonzalez, works with businesses and organizations of all types to solve the legal challenges they face, and more importantly, to avoid them in the first instance. For more information, please visit www.elvisgonzalezltd.com.
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