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Kosa v. American Invsco

United States District Court, D. Nevada

June 28, 2018

NASIR KOSA, BASIL KOSA, and SAID MATTI, Plaintiffs
v.
AMERICAN INVSCO, et al., Defendants

          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT ON BENCH TRIAL

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.

         I consolidated five related cases for trial and conducted a bench trial.[1] 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.

         FINDINGS OF FACT

         1. Plaintiffs Nasir Kosa, Basil Kosa, Raad Kosa, and Said Matti are residents of the State of Nevada and were owners of three condominium units located within the Meridian Condo Project, specifically Units 2-236, 6-205, and 7-205. These plaintiffs are collectively referred to as the Kosas.

         2. Defendant MPR is a Michigan limited liability company, registered to do business in Nevada.

         3. On approximately February 1, 2008, Basil Kosa entered into a Condominium Resort Lease with MPR for unit 2-236, effective from February 1, 2008 to March 31, 2010. Exh. 13.[2]

         4. On approximately February 1, 2008, Nasir Kosa entered into a Condominium Resort Lease with MPR for unit 6-205, effective from February 1, 2008 to March 31, 2010. Exh. 15.

         5. On approximately February 1, 2008, Raad Kosa and Said Matti entered into a Condominium Resort Lease with MPR for unit 7-205, effective from February 1, 2008 to March 31, 2010. Exh. 19.

         6. MPR 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 the leases.

         7. The 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., Id. at 1, ¶ 2(a).

         8. 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.”

         9. 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 Kosas “quarterly in respect to real estate taxes and shall pay homeowner's association assessments directly to the homeowner's association as due.”

         10. The monthly rent for Basil Kosa's Unit 2-236 under the lease was $1, 782.00. The monthly homeowner association (HOA) assessment was $281.00 per month, and real property taxes were $316.00 per month.

         11. The monthly rent for Nasir Kosa's Unit 6-205 under the lease was $2, 598.00. The monthly homeowner association (HOA) assessment was $391.00 per month, and real property taxes were $558.00 per month.

         12. The monthly rent for Raad Kosa and Said Matti's Unit 7-205 under the lease was $2, 618.00. The real property taxes were $558.00 per month.[3]

         13. 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.”

         14. 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 ...


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