Bell Nunnally Partner Kartik R. Singapura and Associate Laura K. Lavernia represented Bitters JSEL, a commercial landlord and real estate investor, in a lawsuit against one of the largest franchisee operators (tenant) in the country and its owner (guarantor) in a breach of lease case. After the defendants abandoned the operation of an El Pollo Loco restaurant in San Antonio, Bitters JSEL signed a replacement tenant for the location and sought recovery of the difference in value between the two leases. The defendants claimed Bitters JSEL’s decision to sign a replacement tenant rather than agree to a rent abatement during COVID-19 shutdowns constituted a failure to mitigate damages. After a bench trial in the 224^th Judicial District, Bexar County, Texas, the court found the tenant and guarantor in breach of contract and held them jointly and severally liable for damages and attorneys’ fees, totaling over $1.1M. The name of the case is Bitters JSEL, LLC v. AA Pollo, Inc. d/b/a El Pollo Loco and Anil Yadav, individually.