
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.
Related cases
Lind Building Corp. v. Pacific Bellevue Developments776 P.2d 977 (1989)Aurora Bus. Park Assocs. v. Michael Albert, Inc.548 N.W.2d 153 (Iowa 1996)TAL Financial Corp. v. CSC Consulting, Inc.844 N.E.2d 1085 (2006)In re: Dow Corning Corp., Bear Stearns Government Securities v. Dow Corning Corp.419 F.3d 543 (2005)Karimi v. 401 North Wabash Venture952 N.E.2d 1278 (2011)