Ernst Home Center Inc. V. Sato

KENNEDY, A.C.J. -- Following a bench trial, John Sato and Victor Loehrer*fn1 (collectively, the landlord) appeal the determination that they breached their lease with Ernst Home Center, Inc. (Ernst), by unreasonably refusing to consent to Ernst assigning its lease of commercial space at Wheaton Mall in East Bremerton to Value Village. The landlord argues that the trial court applied an improper standard in determining whether consent was "unreasonably" withheld, that the tenant's request for consent was premature because no formal assignment was presented to the landlord, that evidentiary errors require reversal, and that the trial court awarded Ernst excessive legal fees and costs. Ernst cross-appeals, arguing that the trial court erred in failing to terminate the lease, in denying prejudgment interest and in denying its request for three additional months of rent abatement as damages for the breach. We conclude that the trial court's only reversible error was the failure to award Ernst prejudgment interest. Accordingly, we affirm the trial court's judgment in favor of Ernst and remand only for the purpose of correcting the judgment to add prejudgment interest. We also award Ernst a reasonable attorney fee for this appeal.