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800 Iberville Street Ltd. Partnership v. V Restaurant Group, L.L.C.

Court of Appeals of Louisiana, Fourth Circuit

June 7, 2017

800 IBERVILLE STREET LIMITED PARTNERSHIP
v.
V RESTAURANT GROUP, L.L.C., AND VANNA LY 800 IBERVILLE STREET LIMITED PARTNERSHIP
v.
V RESTAURANT GROUP, L.L.C., ET AL.

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2014-01908, DIVISION "L-6" Honorable Kern A. Reese, Judge

          James M. Garner Ryan O. Luminais SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. COUNSEL FOR PLAINTIFF/APPELLANT

          Jimmy A. Castex, Jr. Darrell K. Cherry Brian S. Schaps DEUTSCH KERRIGAN, LLP COUNSEL FOR DEFENDANT/APPELLEE

          Court composed of Judge Terri F. Love, Judge Madeleine M. Landrieu, Judge Joy Cossich Lobrano

          JOY COSSICH LOBRANO, JUDGE

         In this eviction and breach of lease case, plaintiff/appellant, 800 Iberville Street Limited Partnership ("800 Iberville"), appeals the district court's April 29, 2016 judgment granting the motion to enforce settlement filed by defendants/appellees, V Restaurant Group, LLC and Vanna Ly (collectively the "restaurant" or "V-Sushi").

         This matter arises out of a sublease between 800 Iberville, a sub-lessor, and the restaurant, a sub-lessee. The building, which the subject of the sublease and where the restaurant was located, is the former site of the D.H. Holmes Department Store and is owned by Canal Street Development Corporation ("CSDC"). There is a master lease between CSDC and 800 Iberville. Various disputes developed between 800 Iberville and the restaurant, primarily involving unpaid rent, noise complaints, and certain improvements on the property. On February 25, 2014, 800 Iberville initiated eviction proceedings against the restaurant.

         On January 29, 2016, 800 Iberville and the restaurant entered into a "settlement agreement in principle" in open court on the record. The settlement was not reduced to writing.

         As recited on the record, in relevant part, by counsel for 800 Iberville:

The terms of that agreement are as follows; that 800 Iberville will pay to V Restaurant Group $775, 000. Number two, no amplified music within the 45 day period that V Restaurant Group has to get out of the leased space. That's term number 3, that V Restaurant Group has 45 days to vacate the leased space[]. That 45 day period starts upon the approval by CSDC and the Board of HRI of this settlement agreement.
So in the meantime we are sort of status quo. Once that approval is given, that 45 day clock to vacate starts. And within that 45 day period there will be no amplified music…
Counsel for the restaurant stated in open court:
We have discussed this with my client, he is here to verify that they accept these terms. The agreement, 45 days, let me just be clear, doesn't start until after we're notified of their approval, the approval… The $775, 000 will be paid, we hadn't discussed terms, but I think it's only fair that it's paid immediately upon the date we move. So we will have 45 days to move. They'll also have 45 days to deliver the check.

         The attorneys for both parties answered affirmatively on the record that they had their clients' authority to enter into the agreement. However, neither the parties nor their counsel defined "HRI" or "Board of HRI" ...


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