IN THE COURT OF APPEALS
STATE OF ARIZONA
GRUBB & ELLIS MANAGEMENT SERVICES,
INC., a Delaware corporation,
407417 B.C., L.L.C., an Arizona
limited liability company,
1 CA-CV 05-0316
O P I N I O N
Appeal from the Superior Court in Maricopa County
Cause No. CV2003-003661
The Honorable Janet Barton, Judge
Sacks Tierney P.A.
Mark D. Dillon
Attorneys for Appellee
Robert S. Porter
Attorney for Appellant
H A L L, Judge
This appeal arises from a dispute between 407417 B.C.,
L.L.C. (Landlord) and its real estate agent Grubb & Ellis
Management Services, Inc. (Grubb & Ellis), co-defendants in a
lawsuit filed by a lessee of Landlord’s commercial property.
Landlord and Grubb & Ellis filed cross-claims for indemnification
against one another. The trial court granted Grubb & Ellis’s claim
but denied Landlord’s claim. We affirm.
FACTS AND PROCEDURAL HISTORY
Landlord is an Arizona company that owns a one-story
office building in Phoenix that it leases to several tenants.
Grubb & Ellis is a licensed real estate corporation that has
managed Landlord’s Phoenix property since 1998 pursuant to the
parties’ Commercial Property Management Agreement (the Management
Agreement) by performing such services as operating, maintaining,
servicing, improving, and leasing the premises.
Sometime in March 2001, Rafaela Gutierrez began
negotiating an agreement with Grubb & Ellis’s real estate sales
agent, Matthew Dubasik (Dubasik) to lease part of the Landlord’s
building for use as a commercial childcare center. Gutierrez
inquired whether the premises had sufficient parking. Dubasik
informed Gutierrez that she could use an adjacent dirt lot located
south of the premises for parking and for a playground area because
it was also owned by Landlord. By the end of March 2001, Gutierrez
and Landlord signed a lease agreement (the Leas