Johnson v. Schnabel
Johnson v. Schnabel, 2023 UT App 102 (Oliver, J.)
A landlord entered a commercial lease with a business owner, who signed the lease in the name of her business. Later, the business owner filed for personal bankruptcy, a material default under the terms of the lease. As a result, the landlord asked the district court to declare the lease terminated. The business owner counterclaimed for forcible detainer and intentional interference with economic relations. The district court granted summary judgment to the landlord. The Utah Court of Appeals affirmed, holding:
- The district court did not err when it determined that the business owner was the Tenant, that her personal bankruptcy petition constituted a material default under the Lease, and that landlord properly terminated the Lease.
- The district court did not err when it determined that Schnabel could not show the essential elements of her counterclaims.