PRECISION RENTALS v. BOHANNON

── PRECISION RENTALS v. BOHANNON ── Court: Court of Appeals of Arizona Date: May 22, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE PRECISION RENTALS, LLC, Plaintiff/Appellant, v. BRYAN BOHANNON, et al., Defendants/Appellees. No. 1 CA-CV 25-0578 FILED 05-22-2026 Appeal from the Superior Court in Maricopa County No. CV2023-014850 The Honorable Jennifer C. Ryan-Touhill, Judge VACATED AND REMANDED COUNSEL Foster Law Partner, Phoenix By Brian J. Foster, Ross P. Meyer Counsel for Plaintiff/Appellant Mesch Clark & Rothschild PC, Tucson By Barney M. Holtzman, Andrew Richards Counsel for Defendants/Appellees  PRECISION RENTALS v. BOHANNON, et al. Decision of the Court MEMORANDUM DECISION Judge Brian Y. Furuya delivered the decision of the Court, in which Presiding Judge Andrew M. Jacobs and Judge James B. Morse Jr. joined. F U R U Y A, Judge: ¶1 Precision Rentals, LLC (“Precision Rentals”) appeals the superior court’s entry of summary judgment in favor of Modern Lift, Inc. (“Modern Lift”). For the following reasons, we vacate the judgment and remand for further proceedings. FACTS AND PROCEDURAL HISTORY ¶2 Precision Rentals was a construction equipment rental company that rented to general contractors and subcontractors.1 Bryan Bohannon began his employment as a salesperson at Precision Rentals in 2016. In 2019, Precision Rentals presented its sales representatives with a “Confidentiality, Non-Disclosure, Non-Solicitation, Non-Competition, and Assignment Agreement” to protect its recent investment of $6 million into new rental equipment. Bohannon executed this agreement October 2019. The Non-Solicitation Agreement prohibited Bohannon from soliciting clients and prospective clients during the twelve-month period immediately following his separation or termination from Precision Rentals. ¶3 In July 2023, Bohannon left Precision Rentals to work at Modern Lift, another company that rents construction equipment to general contractors and subcontractors. Precision Rentals alleges that while employed by Modern Lift, Bohannon solicited Precision Rentals’ customers and that “[w]hen Mr. Bohannon left, Precision Rentals’ sales dropped ‘due to [Mr. Bohannon] leaving and taking a couple of significant customers with him.’” Precision Rentals states Bohannon diverted $495,505.01 in revenue from Precision Rentals to Modern Lift. ¶4 In September 2023, Precision Rentals filed a complaint against Bohannon and Modern Lift, later requesting a temporary restraining order to enforce the Confidentiality and Non-Solicitation restrictions against 1 Precision Rentals sold its business in January 2024. 2  PRECISION RENTALS v. BOHANNON, et al. Decision of the Court Bohannon. After holding a hearing, the superior court issued a ruling in favor of Bohannon and Modern Lift, finding that Precision Rentals was unlikely to succeed on the merits. Modern Lift then filed a Motion for Summary Judgment in November 2024, which the court ultimately granted in May 2025, awarding attorneys’ fees, costs, and sanctions. ¶5 Prior to entry of judgment, Precision Rentals filed a Motion for Reconsideration in March 2025 and a Motion for New Trial in May 2025, both of which were denied. Precision Rentals timely appealed following entry of final judgment. Ariz. R. Civ. P. 54(c). We have jurisdiction pursuant to Article 6, Section 9 of the Arizo