Tower Hotels Fund 2014 v. Kauai Lagoons Grand Ave. Partners CA2/4

INTRODUCTION

Appellant Tower Hotels Fund 2014, LLC (Tower Fund) sued its business partner, respondent Kauai Lagoons Grand Avenue Partners, LLC (GAP), for breach of contract. Tower Fund alleged GAP improperly entered certain agreements on behalf of their partnership without Tower Fund’s consent. After a 13-day trial, the jury rendered a verdict for GAP, finding Tower Fund had failed to perform its own obligations under the partnership agreement. Tower Fund now appeals, arguing the trial court should have permitted it to assert causes of action for fraud and negligent misrepresentation, allowed it to seek rescission and restitution as remedies, and instructed the jury on the priority of certain clauses within the contract. Tower Fund also contends GAP’s closing argument confused and prejudiced the jury. We conclude the trial court did not abuse its discretion when it excluded the fraud and negligent misrepresentation claims, the court properly barred the rescission remedy, Tower Fund suffered no prejudice by the exclusion of the restitution remedy or the failure to instruct, and Tower Fund failed to preserve its right to challenge the closing argument on appeal. Therefore, we…