United States District Court, D. Nevada
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL
JUDGMENT ON BENCH TRIAL
P. GORDON, UNITED STATES DISTRICT JUDGE
consolidated five related cases for trial and conducted a
bench trial. Each of these actions asserts the same
basic claim: that defendant Meridian Private Residences CH,
LLC (“MPR”) breached a February 2008
“Condominium Resort Hotel Lease” that MPR entered
into with each plaintiff. The leases pertain to the
plaintiffs' condominium units at The Meridian Private
Residences (the “Meridian Condo Project”) at 250
East Flamingo Road, Las Vegas, Nevada. As required by Federal
Rule of Civil Procedure 52(a)(1), I hereby enter my findings
of fact and conclusions of law.
Plaintiffs Bruce and Eleanor Couturier are residents of the
State of California and were owners of two condominium units
located within the Meridian Condo Project, specifically Units
6-323 and 7-213.
Defendant MPR is a Michigan limited liability company,
registered to do business in Nevada.
approximately February 1, 2008, the Couturiers entered into
two Condominium Resort Leases with MPR for their units,
effective from February 1, 2008 to March 31, 2010. Exh.
drafted all of the leases that are at issue in these cases.
MPR is referred to as the “Lessee” in the leases.
The condominium owners are listed as “Owner” in
leases say that “Owner hereby grants to [MPR] the right
to occupy and use the Unit in conjunction with [MPR's]
operation of a condominium resort . . . .” See, e.g.,
Exh. 4 at 1, ¶ 2(a).
Section 4(a)(1) of the leases provides that “It is
expressly agreed and understood that Lessee is leasing the
Property with the intent to sublease the Property.”
Section 3(a) of the leases provides that MPR “shall pay
Monthly Rent . . . commencing with February 2008 . . .
.” Section 3(b) of the leases provides that MPR shall
reimburse to the Couturiers “quarterly in respect to
real estate taxes and shall pay homeowner's association
assessments directly to the homeowner's association as
monthly rent for Couturier Unit 6-323 under the lease was $2,
527.00. The monthly homeowner association (HOA) assessment
was $398.00 per month, and real property taxes were $308.00
monthly rent for Couturier Unit 7-213 under the lease was $2,
515.00. The monthly HOA assessment was $390.00 per month, and
real property taxes were $288.00 per month.
Section 6(d) of the leases provides that “In the event
the Property is uninhabitable for any reason whatsoever
(other than through the fault of Lessee), Lessee shall
immediately notify Owner . . . . In addition, if the Property
is not rentable or is uninhabitable for a period exceeding 60
consecutive days, the Lessee may terminate this Agreement
immediately and without prior notice of any kind.”
Section 18 of the leases states that “If either party
shall institute any suit . . . against the other in any way
connected with this contract, the successful party shall
recover from the other a reasonable sum for its
attorneys' fees in connection with such suit . . .
made three rental payments to the Couturiers but then ceased
all further payments.
June 20, 2008, the Clark County District Attorney's
Office wrote a letter addressed to the Meridian Private
Residences Homeowners Association, Attn: Mr. Michael
Mackenzie. Exh. N. Mackenzie was an officer and employee of
defendant American Invsco, MPR's predecessor-in-interest.
ECF Nos. 278-7 at 2, 278-8 at 6:19-21. The letter states,
among other things, that the condos cannot be rented for a
period of less than 30 days because of various provisions of
the Clark County Code. In addition, “the Meridian has
not satisfied all conditions attached to the recent approval
for resort condominiums . . . that are a pre-requisite to
commencing a resort condominium use.” Id. The