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DOBSON BAY CLUB II v. LA SONRISA DE SIENA

No. CV-16-0029-PR.

393 P.3d 449 (2017)

DOBSON BAY CLUB II DD, LLC, a Delaware limited liability company; Dobson Bay Club III KD, LLC, a Delaware limited liability company; Dobson Bay Club IV KG, LLC, a Delaware limited liability company; and Darby AZ Portfolio, LLC, a Delaware limited liability company, Plaintiffs/Appellants, v. LA SONRISA DE SIENA, LLC, an Arizona limited liability company, Defendant/Appellee.

Supreme Court of Arizona.

Filed April 25, 2017.

Attorney(s) appearing for the Case

Brian J. Pollock (argued), Jared L. Sutton , Lewis Roca Rothgerber Christie LLP, Phoenix, Attorneys for Dobson Bay Club II DD, LLC, et al.

Michael A. Schern , Mark A. Hanson , Schern Richardson Finter Decker PLC, Mesa; and Stephen C. Biggs (argued), Smith LC, Phoenix, Attorneys for La Sonrisa de Siena, LLC

D. Jeffrey Craven , The Craven Firm PLLC, Phoenix, Attorneys for Amicus Curiae Arizona Private Lender Association

JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICE BRUTINEL joined. JUSTICE BOLICK dissented.

¶ 1 A liquidated damages contract provision is enforceable if the pre-determined amount for damages seeks to compensate the non-breaching party rather than penalize the breaching party. We here hold that a nearly $1.4 million late fee assessed on a final loan balloon payment constitutes an unenforceable...

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