Showcase Mall Joint Venture v. Boxing Hall of Champions LLC

MEMORANDUM *

Boxing Hall of Champions, LLC (“Champions”) entered into a commercial lease (“Lease”) with Showcase Mall (“Showcase”). Champions intended to use space within the mall to operate a restaurant, museum and retail outlet with a boxing theme. The store never opened, however, and Champions breached the Lease. Showcase sued Champions and other defendants for breach of the Lease and a related Guaranty, claiming damages in excess of $24 million. The district court, after a bench trial, determined that Showcase had failed to prove its alleged damages. The court held for defendants, and awarded them, as prevailing parties, attorneys’ fees and costs totaling $285,149. Showcase appeals the district court judgment and the attendant fee award.

“The party seeking damages has the burden of proving the fact that he was damaged and the amount thereof.” Gibellini v. Klindt, 110 Nev. 1201 , 885 P.2d 540, 543 (1994); see also Clark Cty. Sch. Dist. v. Richardson Const., Inc., 123 Nev. 39 , 168 P.3d 87, 97 (2007). That burden extends to providing the court with an evidentiary basis upon which it may properly determine a reasonably accurate amount of damages. Mort Wallin of Lake Tahoe, Inc.…