Woody’s Steaks, LLC, sued David Pastoria for breach of a commercial lease and licensing agreement. Pastoria answered, denying that he breached the contracts. Both parties moved for summary judgment, which the trial court initially denied. The court certified its order for immediate review, but this court denied the LLC’s application for interlocutory review. Following additional discovery, both parties again moved for summary judgment. This time the trial court granted Pastoria’s motion and denied the LLC’s motion, and the LLC appealed. We agree with the trial court’s analysis of the contract issues in this case, and therefore affirm its judgment. Pastoria has owned and operated a sandwich shop across from Grady High School stadium in Atlanta since 1975. On August 14, 2001, Pastoria and the LLC signed a commercial lease agreement and a license agreement, under which the LLC would begin to operate the business on September 4, 2001. The parties agree that on September 4, two LLC agents came to the store before opening time and began working. Before the store opened at 11:00 a.m., however, Pastoria asked them for proof that the LLC had acquired the business license, food service permit, sales tax certificate, workers compensation coverage, and premises liability insurance required by the lease and by local and county ordinances. When the agents could not provide proof that the LLC had met these requirements, Pastoria refused to allow them to open the business that day. Pastoria subsequently declared the lease in default and returned the LLC’s deposit.
The LLC sued Pastoria for breach of contract; Pastoria answered and denied liability. Pastoria argued in his first motion for summary judgment that the LLC’s failure to obtain the documents necessary to legally open the business constituted a material breach that prevented it from enforcing the contract. In its cross-motion for summary judgment, the LLC argued that Pastoria failed to give notice of these breaches and an opportunity to cure them, as required under the contract. The trial court denied both motions, finding a question of fact regarding whether the LLC had “opened for business” on September 4, 2001.
