Bay Bread, LLC v. Lemonade Restaurant Group, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BAY BREAD, LLC, Case No. 3:21-cv-02979-JD
Plaintiff,
ORDER RE DEFAULT JUDGMENT
v.
LEMONADE RESTAURANT GROUP,
LLC,
11 Defendant.
12 Plaintiff Bay Bread, LLC (Bay Bread) signed leases and subleases for retail space in the San Francisco Bay Area. Dkt. No. 1 ¶¶ 3, 6. Four leases that were assigned by Bay Bread to defendant Lemonade Restaurant Group, LLC (Lemonade) are in issue here. In the assignments, Lemonade agreed to “defend and indemnify Bay Bread against all claims, losses, costs, and expense arising out of . . . Lemonade’s tenancy” under the leases. Id. ¶ 8. Bay Bread says that when Lemonade defaulted on the leases for not timely paying rent, it declined to defend and indemnify Bay Bread as required. See id. ¶ 18. Lemonade eventually cured its defaults, but only after Bay Bread (i) assumed the defense of state-court litigation against one landlord, and (ii) initiated this lawsuit against Lemonade for breach of contract. See Dkt. No. 17 ¶¶ 11-12. …