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Anthony Ostlund Wins Summary Judgment Requiring an Operating Chain Restaurant to Pay Rent During COVID-19

Client Issue

Our client, 1800 Baxter, owns property in Roseville, Minnesota that it leases to Portillo’s, a Chicago-based chain restaurant. In June 2020, Portillo’s stopped paying rent – in violation of multiple agreements and despite being open for drive-through and takeout business throughout the pandemic. 1800 Baxter hired Anthony Ostlund to force Portillo’s to meet its contractual obligations.

 

The Anthony Ostlund Approach

Anthony Ostlund immediately started a lawsuit to collect unpaid rent from Portillo’s. Portillo’s predictably responded that it was “excused” from paying rent due to COVID-19 and Governor Walz’s Executive Orders limiting in-store dining. To defeat Portillo’s defenses, Anthony Ostlund took narrowly targeted discovery and then quickly moved for summary judgment.  The strategy was to simplify the issues for the Court and get on a straight path to resolution.

 

Results Achieved

We won summary judgment requiring Portillo’s to pay full rent to 1800 Baxter. Portillo’s also paid 1800 Baxter late fees.

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“Portillo’s had no good reason to stop paying rent for its Roseville location. The restaurant was never closed due to the pandemic, and Portillo’s expressly agreed to keep paying rent no matter what happened to the business. Convincing the Court to order Portillo’s to pay full rent was a big win.”

 

— Phil Kaplan, Attorney for 1800 Baxter (Landlord)

related attorneys

Philip J. Kaplan

related practices

Real Estate Litigation

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