No. 71941 Rose, LLC vs. Treasure Island, LLC

Date: Tuesday, September 18, 2018 10:30 AM
Duration: 00:30:00 hour(s)

Location: Las Vegas

This appeal arises from a contractual dispute between appellant Rose, LLC (Rose) and respondent Treasure Island, LLC (TI) regarding notice of failure to pay rent. TI and Rose entered into a 30-year lease for strip-front property where Rose’s subtenant, Señor Frog’s bar and restaurant, is currently located. Rose contends that TI failed to provide notice of failure to pay rent pursuant to the terms of the lease and its amendments. After a bench trial was held, the district court found that the lease was terminated for five reasons: (1) oral modification, (2) waiver, (3) estoppel, (4) actual notice, and (5) substantial compliance with the lease. Rose appeals. ISSUES: (1) Is reversal required because all necessary parties were not joined? (2) Did the district court err in concluding that the lease was terminated?