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Contracts

Apr 6, 2023

MONTGOMERY MALL CONDO, LLC v. PEKING PALACE CORP., ET AL.

Contracts — Commercial lease — Res judicata, collateral estoppel and frustration of purpose Peking Palace planned to build and operate a restaurant in the Westfield Mall in Bethesda. It entered into a lease agreement. Under the terms of the lease, Peking Palace would be responsible for constructing the restaurant premises. Read the opinion

Mar 27, 2023

MANDANA MIRGHAHARI v. OVRANG SOHRABI

Contracts — Unjust enrichment — Sufficiency of evidence Appellant Mandana Mirghahari (“Mirghahari”) appeals the Circuit Court for Montgomery County’s ruling on the admission of Defense Exhibits 1 through 4 over Mirghahari’s objection. Mirghahari contends the circuit court abused its discretion when it admitted the proffered evidence despite Appellee Ovrang Sohrabi (“Sohrabi�[...]

Mar 8, 2023

CHRISTOPHER MCCAULEY BOWERS v. TKA INC., ET AL.

Contracts — Tortious interference — Theory of liability On 30 March 2017, Christopher McCauley Bowers, Appellant, filed a third amended complaint in the Circuit Court for Montgomery County against TKA Inc., its president, Dale R. Tompkins, Jr., and its vice-president, Kim Bernhardt-Moake, Appellees. In that complaint, Appellant sought a declaratory judgment and damages, alleging, among[...]

Feb 20, 2023

QUEENS MANOR GARDENS, LLC v. PARK CHARLES OFFICE ASSOCIATES LLC, ET AL

Contracts —  Breach — Operating agreement Appellees, Park Charles Office Associates, LLC (“Park Charles Office”) and Gallows Manager, LLC (“Gallows Manager”), filed a four-count Amended Complaint against Cathy Bernard and appellant, Queens Manor Gardens, LLC (“Queens Manor”). Appellees sought judgment against Queens Manor for its failure to pay capital call obligations, pu[...]

Feb 8, 2023

SMS, LLC v. COHERENT TECHNICAL SERVICES, INC.

Contracts — Breach — Failure to state claim SMS, LLC (“SMS”), appellant, filed a complaint in the Circuit Court for St. Mary’s County against Coherent Technical Services, Inc. (“CTSI”), appellee, alleging that CTSI breached its written contract with SMS (“Lease”) when CTSI attempted to exercise its right to terminate the Lease. The circuit court granted […]

Feb 8, 2023

EBC PROPERTIES, LLC v. URGE FOOD CORPORATION

Contracts — Commercial lease — Trade fixtures This appeal arises from a dispute between a landlord and its tenant regarding the transfer of chattels installed in the rented commercial realty and the restoration of the rented realty at the conclusion of the lease. Read the opinion

Jan 31, 2023

WYNTON SANDERS v. SM LANDOVER, LLC

Contracts — Class action — Purchase of new home These consolidated appeals arise from the entry of summary judgment in three putative class action lawsuits by the Circuit Court for Prince George’s County. Each lawsuit is based on a contract for the purchase of a newly constructed home. Read the opinion

Jan 31, 2023

TOSHA LINDSEY v. SM PARKSIDE, LLC

Contracts — Class action — Purchase of new home These consolidated appeals arise from the entry of summary judgment in three putative class action lawsuits by the Circuit Court for Prince George’s County. Each lawsuit is based on a contract for the purchase of a newly constructed home. Read the opinion

Jan 31, 2023

AMAR JAMES v. STANLEY MARTIN COMPANIES, LLC

Contracts — Class action — Purchase of new home These consolidated appeals arise from the entry of summary judgment in three putative class action lawsuits by the Circuit Court for Prince George’s County. Each lawsuit is based on a contract for the purchase of a newly constructed home. Read the opinion

Jan 31, 2023

TENAE SMITH ET AL. v. WESTMINSTER MANAGEMENT, LLC ET AL.

Contracts — Lease — Maryland Consumer Debt Collection Act This case is complicated. So is this opinion. Read the opinion

Jan 25, 2023

RICH MORTON’S GLEN BURNIE LINCOLN MERCURY, LLC v. JAMILA WILLIAMS-MOORE

Contracts — Maryland Consumer Protection Act — Breach of implied warranty This appeal arises from the sale of a used 2018 Kia Sedona automobile (“minivan”). Appellant, Rich Morton’s Glen Burnie Lincoln Mercury, LLC (“Rich Morton”), sold the minivan to Appellee, Jamila Williams-Moore (“Ms. WilliamsMoore”), after representing that it had “reconditioned” the minivan and [...]

Jan 23, 2023

CATONSVILLE EYE ASSOCIATES LLC v. MAH MOUNTAIN LLC, et al.

Contracts — Commercial lease — Fraud This is the second appeal in this Court stemming from a commercial real estate lease dispute between the appellant, Catonsville Eye Associates LLC (“Catonsville Eye”), and appellees MAH Mountain LLC (“MAH Mountain”), Medhi Kalarestaghi, and Ali Kalarestaghi, in the Circuit Court for Baltimore County. Read the opinion

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