Eviction For Giovan's Came Before Restaurant's Closing: Lawsuit

JOLIET, IL — The Giovan Jr.'s Pasta & Pizzeria that just went out of business at Caton Farm Road and Route 59 is entangled in an eviction lawsuit that seeks more than $22,000 in overdue rent, plus costs, attorneys' fees and interest, according to filings at the Will County Courthouse.

The plaintiff's in the November lawsuit has asked that a Will County judge evict Giovan's from their property, where they've operated their Italian restaurant since March 2019.

The lawsuit names former long-time owners of Giovan's, Giovan Cullota and his mother, Vicki Schultz, as defendants, not the current owners.

So far, Giovan Cullota and his mother have not filed any legal responses to the eviction lawsuit. They received their lawsuit summons this week, court records reflect. Last fall, Joliet Patch reported that Jose Cano, George Cano, Miguel Cano and Leoneo "Juan" Arjon were now operating Giovan's in the Tony's Fresh Market shopping plaza along Route 59.

The Canos became the new owners of Giovan's in September. Prior to their acquisition, Giovan Cullota and his mother ran the restaurant, which had been in Crest Hill for about 15 years. In 2019, the mother and son downsized their sit-down restaurant to a carryout and catering business, relocating to the Tony's supermarket shopping center in Joliet.

And for much of last year, the eviction lawsuit alleges, Giovan's was failing to make its monthly rent payments. The Giovan's property consisted of 1,600 square feet of commercial space in the Caton Crossings Shopping Center at 2308 Route 59.

On Nov, 16, 2018, the owners of Giovan's signed a lease agreement to use the property at the Caton Crossings, according to the lawsuit. The lease guaranteed that Giovan's would make its rent payments on the first day of each and every month during the term of the lease.

"Tenant failed to render full monthly rent payments from August 2021 to October 2022," the lawsuit contends. "Landlord issued a default notice for failure to pay past-due rent on Feb. 2, 2022 ... on or about Oct. 17, 2022, landlord issued a second default notice for failure to pay past due rent ... Tenant has failed to pay the amount due and owning pursuant to the lease."

The lawsuit asks that a Will County judge find Giovan's liable for $22,279 and the "tenant is further liable to landlord for court costs and attorneys' fees."

Count one of the lawsuit accuses Giovan's of breach of contract. Count two seeks the eviction of Giovan's.

On Oct. 17, 2022, the landlord sent Giovan's a five-day notice of default, requiring full payment of all amounts demanded within five days of service of the notice, the lawsuit states. Count three of the lawsuit alleges breach of guaranty against Giovan Cullota while count four alleges breach of guaranty against Vicki Schultz.

The Will County lawsuit was brought forward by the Chicago law firm of Swanson, Martin & Bell, which is represented by attorneys Joe Kincaid and Amakie Amattey.

On Dec. 29, Joliet Patch reported that the Facebook Marketplace shows the new owners of Giovan's are trying to sell their dough mixer, double-freezer, prep table, a huge stove/oven, several more prep tables, coolers and dough rollers from the Giovan Jr.'s Pasta & Pizzeria.

After the story was published, one of the current owners sent Joliet Patch the following message: "Cano & Arjon families appreciate your support in Giovan's Jr, unfortunately for personal reasons we made the decision to close the business. For us, it was not an easy decision to make since this was a dream come true, but for now it is the best solution we have, Thanks to our loyal customers who have always been there, we know that they love our food and if there is anyone interested in continuing, we are open to make a deal and teach our recipe."

Related Joliet Patch coverage:

Giovan's Pasta and Pizzeria Closing? Restaurant Equipment For Sale

Cooks Acquire Giovan's Restaurant, Changes Underway

Giovan's Made Transition To Carryout Before Coronavirus