Bara Chicago, LLG v. The Big Cheese Wrigleyville, LLC

2022 IL App (1st) 201314-U
Appellate Court of Illinois·Decided March 17, 2022·No. 1-20-1314·Unpublished·Cited by 1 cases

Opinion

2022 IL App (1st) 201314-U No. 1-20-1314

Order filed March 17, 2022 Fourth Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIRST DISTRICT

BARA CHICAGO, LLC, ) Appeal from the ) Circuit Court of

Plaintiff and Counterdefendant, ) Cook County.

)

v. ) No. 14 CH 13945 )

THE BIG CHEESE WRIGLEYVILLE, LLC, and 3401 N. ) CLARK, LLC, )

)

Defendants )

)

(The Big Cheese Wrigleyville, LLC, Defendant and ) Counterdefendant, 3401 N. Clark, LLC, Defendant, ) Counterplaintiff and Third-Party Plaintiff-Appellant, ) Travis Burke, Third-Party Defendant, Vivek Jayaram, ) Honorable Nonparty-Appellee, and Jayaram Law, Inc., Nonparty- ) John J. Curry, Appellee). ) Judge, presiding.

JUSTICE LAMPKIN delivered the judgment of the court.

Justices Rochford and Martin concurred in the judgment.

ORDER

¶1 Held: Where the property owner alleged that the construction general contractor, its principal, and their counsel knowingly or recklessly used a falsified invoice to

substantiate a false mechanics lien claim, the trial court did not abuse its discretion when it denied the property owner’s posttrial motion for sanctions against the construction general contractor, its principal and their counsel.

¶2 In this dispute involving a mechanics lien claim by a construction general contractor against a commercial property owner, the trial court ruled against the general contractor and awarded the property owner its attorney fees and costs. However, when the property owner moved posttrial for sanctions against the general contractor, its principal, and their counsel, the trial court denied that motion.

¶3 On appeal, the property owner argues that the trial court abused its discretion by denying the motion for sanctions because the evidence showed that the general contractor, its principal, and their counsel intentionally or recklessly pleaded false matters and the trial court’s explanation for why their conduct was not fraudulent was not plausible.

¶4 For the reasons that follow, we affirm the judgment of the circuit court.1

¶5 I. BACKGROUND

¶6 This appeal arises from a mechanics lien claim plaintiff/counterdefendant Bara Chicago, LLC, (Bara), a construction general contractor, recorded in 2014 against a commercial property owned by defendant/counterplaintiff/third-party plaintiff 3401 N. Clark, LLC (3401). Bara claimed that it was owed $98,640 for construction work it performed at a restaurant on the property. That alleged debt arose from a fast food franchise business venture undertaken by defendant/counterdefendant the Big Cheese Wrigleyville, LLC (Big Cheese), where partners Rocky Aiyash (a principal of Bara), Michael Stadnicki (a principal of Big Cheese), and third-party

1 In adherence with the requirements of Illinois Supreme Court Rule 352(a) (eff. July 1, 2018), this appeal has been resolved without oral argument upon the entry of a separate written order.

defendant Travis Burke agreed to build out the commercial space to accommodate a new concept restaurant. The three men had an oral partnership agreement. Based on their agreement, Big Cheese entered a 10 year lease with 3401 in November 2013 and hired Bara to perform the construction work. The restaurant opened on April 4, 2014.

¶7 On April 16, 2014, the Chicago Transit Authority (CTA) issued a written notice of eminent domain for the property. By July 2014, Big Cheese was in default on the lease, and 3401 initiated eviction proceedings. On August 15, 2014, Bara recorded its mechanics lien claim against the property in the amount of $98,640. The lien claim stated that Bara last performed work on the property on or about June 17, 2014. Rocky’s son, Matthew Aiyash, signed the lien claim on behalf of Bara. By September 2014, Big Cheese had closed and vacated the property. Matthew removed all the fixtures and improvements installed by Bara from the restaurant premises and stored them in Bara’s warehouse.

¶8 Meanwhile, on August 27, 2014, Bara filed a complaint against Big Cheese and 3401 to foreclose on its mechanics lien. In the alternative, Bara made a quantum meruit claim against 3401, based on 3401’s alleged unjust enrichment through Bara’s installment of fixtures and other improvements to the property. Bara attached to its complaint an invoice/contract signed by Stadnicki and dated December 15, 2013, which indicated that Bara had billed Big Cheese $377,041.28 for services and labor provided at the project. Bara alleged that Big Cheese had paid only $278,401.28 to date and the amount remaining due to Bara was $98,640 plus interest. Counsel Vivek Jayaram of Jayaram Law, Inc., signed the complaint on behalf of Bara.

¶9 In their answers, both Big Cheese and 3401 denied any liability under the complaint and alleged that the invoice dated December 15, 2013, and the lien claim were fabrications. Big Cheese

admitted that it paid Bara $278,401.28. 3401 also filed affirmative defenses, alleging that the lease was breached, 3401 did not knowingly permit construction by Bara at the property, and Bara’s mechanics lien constituted constructive fraud because the charges alleged therein were overstated and significantly inflated. In addition, 3401’s counterclaim against Bara alleged conversion for Bara’s unauthorized removal of the fixtures, common law fraud on the grounds that the content of the mechanics lien and complaint were false, and slander of title. 3401’s counterclaim against Big Cheese alleged its breach of the lease and failure to pay rent. Furthermore, 3401’s third-party claim against Travis was based on his guarantee of the lease.

¶ 10 The bench trial began in September 2019 and was held on five days over a four month period. Rocky did not appear at the trial due to health issues and instead testified at a video evidence deposition. He testified regarding two invoices that were issued by Bara and dated September 9, 2013, and December 15, 2013. The September 9, 2013 invoice was designated as a proposal, was not signed, and totaled $169,210.80. According to Rocky, that document had been exchanged as an initial proposal beginning in September 2013 between him, Travis and Stadnicki during their negotiations. Then, when they finally resolved the terms, Big Cheese accepted the revised proposal of $377,041.28, as reflected in the invoice designated as a contract, which Stadnicki signed and dated December 15, 2013. Rocky testified that the work under the construction contract was completed on June 28, 2014. He also testified that he authorized his son Matthew to sign the mechanics lien notice and claim and its attendant affidavit. According to Matthew’s testimony, he did not have any independent knowledge of the facts asserted in the lien.

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Bara Chicago, LLG v. The Big Cheese Wrigleyville, LLC, 2022 IL App (1st) 201314-U (Ill. Ct. App. 2022).

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