Opinion
Civil Action No. 304-CV-2497R.
August 3, 2005
ORDER GRANTING LA QUINTA FRANCHISING LLC'S MOTION FOR SUMMARY JUDGMENT
On this 3 day of August, 2005, the Court considered La Quinta Franchising LLC's Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Court, having considered the motion, the brief in support, the evidence, the response, the reply, and the pleadings on file, finds that the motion should be granted. Therefore,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that La Quinta Franchising LLC's Motion for Summary Judgment is GRANTED in all things.
IT IS FURTHER ORDERED that the Court hereby enters a judgment in favor of La Quinta Franchising LLC ("La Quinta") against Defendant Moon Lee for the following:
1. $53,498.12 for past due Franchise Fees and Charges;
2. $120,833.33 for the unamortized balance of the Incentive Payment;
3. $3,613.87 for the unamortized cost of the exterior signage used at the Facility by Lee;
4. $51,079.77 for liquidated damages due under the Franchise Agreements;
5. Prejudgment interest on the above amounts at the contractual rate of 1.5 percent per month from April 29, 2003 to the date a judgment is entered in this civil action;
6. $17,123.18 in attorneys' fees and costs; and
7. Post judgment interest which shall accrue at the maximum rate provided by law.