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Dobson Bay Club II DD, LLC v. La Sonrisa de Siena, LLC

Arizona Supreme Court

393 P.3d 449 (2017)

Relevant factsFree

Dobson's (defendant's) $28.6 million loan included a flat 5 percent late fee that applied identically regardless of how late a payment actually was, and after La Sonrisa (plaintiff) purchased the note and sought roughly $1.4 million under that fee, Dobson challenged its enforceability; the superior court granted La Sonrisa partial summary judgment, but the court of appeals reversed, finding the fee unenforceable as a matter of law, and the Arizona Supreme Court granted review.

IssueFree

Whether a liquidated damages provision is enforceable if the amount is not reasonable in light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss.

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