Attorney Guillermo “Bert” Partida recently prevailed on behalf of his client in a commercial arbitration proceeding.

Attorney Guillermo “Bert” Partida recently prevailed on behalf of his client in a commercial arbitration proceeding. Our client, a commercial landlord, was alleged to have breached an agreement with one tenant by permitting a competing tenant to move into the complex. The tenant complained that the landlord breached the covenant of good faith and fair dealing by bringing in a competitive business that sold the exact same merchandise as the complaining tenant. The Arbitrator found no breach of the Covenant of Good Faith and Fair Dealing because the terms of the express lease could not be contradicted by the covenant of good faith and fair dealing, and the exclusive use in the complaining tenant’s lease allowed for a direct competitor to sell a single-type merchandise. Further, the arbitrator found that the complaining tenant failed to show that it had lost profit from the co-tenant’s sales of exclusive use merchandise.