Facts

Four shopping centers owned by Taubman Centers, Inc., brought these consolidated actions against BCBG Max Azria Group, Inc., for damages for breach of four leases. The four shopping centers are West Farms Mall in Connecticut, Cherry Creek Mall in Denver, The Shops at Willow Bend in Plano, Texas, and Paseo Nuevo Mall in Santa Barbara. BCBG never built its store or opened for business at Paseo Nuevo, although it had agreed in its lease to build its store, open for business and start paying rent effective May 15, 2001.

The owner of Paseo Nuevo terminated that lease by the Notice of Belief of Abandonment procedure in late 2001. BCBG was evicted from the other three shopping centers in 2002 for nonpayment of rent. These actions were then brought to recover damages for loss of rent resulting from BCBG's breaches of the leases. (Taubman sold Paseo Nuevo in 2002 and still owns the other three malls.)

Plaintiff sought in excess of $5.5 million.

Result

Verdict, $3,965,314.

Other Information

BCBG filed a cross-complaint against the plaintiffs and related parties, whose motion to strike under the anti-SLAPP statute was denied. Their appeal from the order denying that motion is fully briefed and awaiting oral argument in the Court of Appeal. Because the cross-action is stayed pending that appeal, the cross-action was severed from the plaintiffs' complaints.

Deliberation

eight hours

Length

two weeks