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Breg (P) was a lessee of a restaurant from La Rancherita (D). The lease provided that the lease was not subject to assignment or subletting without the written consent of the lessor. P was losing money and sold the restaurant assets and assigned the lease to Bomze upon consent of D. D delayed the sale unless it got an increased cost on the lease and an escalation clause for cost of living. P decided to sell its shares to Bomze to get around D's obstacle. P sought a declaratory judgment that D's consent was not necessary and recovery of damages for tortious interference with the contract between P's shareholders and Bomze. The trial court granted partial summary judgment for P. D appealed.

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