Nature of the Case
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Facts
Colonial (landlord) leased to Abby Cakes in a shopping center. The lease included a provision that the Landlord agreed to pay the Tenant a construction allowance of up to $11,250 after Tenant satisfactorily completed certain improvements to the rented premises. Prior to that completion, Tenant assigned its right to get the first $8,000 to Aldana. In return, Aldana loaned Tenant $8,000 to finance the construction. Aldana recorded the assignment and sent notice of the assignment by certified mail to Landlord. Tenant completed the improvements and ignored the assignment and paid Tenant the $8,000. Aldana (P) sued Colonial (D) for money due pursuant the assignment. The trial court granted D's motion for summary judgment and awarded D attorney fees and costs. There was an anti-assignment clause in the lease. P appealed.
Holding and Decision
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Legal Analysis
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