Shoppes v. Wasabi Sushi Bar Seven

── Shoppes v. Wasabi Sushi Bar Seven ── Court: Appellate Court of Illinois Date: May 08, 2026 Category: General NOTICE 2026 IL App (5th) 250511-U NOTICE Decision filed 05/08/26. The This order was filed under text of this decision may be NO. 5-25-0511 Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ______________________________________________________________________________ SHOPPES at ST. CLAIR CMBS, LLC, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) St. Clair County. ) v. ) No. 22-LM-80 ) WASABI SUSHI BAR SEVEN, LLC d/b/a WASABI ) SUSHI BAR and WASABI MANAGEMENT CO., INC., ) Honorable ) Patrick R. Foley, Defendants-Appellants. ) Judge, presiding. ______________________________________________________________________________ JUSTICE VAUGHAN delivered the judgment of the court. Justices Barberis and Boie concurred in the judgment. ORDER ¶1 Held: The trial court’s finding that there was a leak on the leased premises is affirmed where the finding was supported by circumstantial evidence and was not against the manifest weight of the evidence; the trial court’s conclusion that defendants breached the lease by failing to pay the water bill is affirmed where the issue was not raised on appeal; the trial court’s conclusion that defendant breached the lease by failing to pay for the repairs associated with the water leak was contrary to language in the lease agreement and therefore judgment is reversed on that issue along with the award of administrative fees and interest associated therewith; and the award of attorney fees is reversed and the case is remanded to allow the trial court to revisit the issue in a manner consistent with this decision. ¶2 Defendants, Wasabi Sushi Bar Seven, LLC d/b/a Wasabi Sushi Bar (Wasabi Sushi) and Wasabi Management Co., Inc. (Wasabi Management) (collectively Wasabi), appeal the trial court’s ruling in favor of plaintiff, Shoppes at St. Clair CMBS, LLC. (Shoppes at St. Clair), 1 stemming from the contractual dispute involving an alleged leaking water pipe. For the following reasons, we affirm, in part, and reverse, in part. ¶3 I. BACKGROUND ¶4 On October 5, 2022, Shoppes at St. Clair filed a two-count complaint against Wasabi. Count I alleged a breach of lease against Wasabi Sushi stemming from a commercial lease in which Shoppes of St. Clair leased space to Wasabi Sushi. Count II requested collection on the guaranty signed by Wasabi Management, as guarantor for Wasabi Sushi, with regard to the commercial lease attached to the complaint. ¶5 On June 23, 2011, Shoppes at St. Clair entered into a lease agreement that leased 2,700 square feet classified as space #3-A to Wasabi Sushi for 10 years. Section 1.2 of the lease stated that