Isam Zughni v. Saied Aminpour, Gadi Emein, Tarek Beshai, Gadi Emein, Yorba CW Inc., Aska Sakan Inc., Abdurrezag Elmabruk M. Kaal, and Does 1 to 50
Published: Jan. 21, 2017 | Result Date: Dec. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00839838-CU-CO-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
William R. Hart
(Hart King APC)
Todd A. Picker
(Vanderford & Ruiz, LLP)
Defendant
Jimmy P. Mettias
(Mettias Law Firm APLC)
Facts
Isam Zughni sued Saied Aminpour, Gadi Emein, Tarek Beshai, Gadi Emein, Yorba CW Inc., Aska Sakan Inc., and Abdurrezag Kaal, in connection with the sale of a car wash business.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff and defendants Yorba, Aminpour, Emein, and Beshai allegedly entered into an agreement with plaintiff to sell Yorba CW, a car wash business located in Orange County. Defendants allegedly agreed to retain plaintiff to locate a buyer for the business and pay him $200,000 in commission. Plaintiff, in turn, agreed to be the exclusive broker for the sale of the business. Thereafter, defendants allegedly sold the business to Askan and Kaal. Defendants, however, refused to pay plaintiff the $200,000 finder's fee or commission. Moreover, plaintiff discovered that the finder's fee was later diverted to and taken by defendant Bashai. As such, plaintiff sued defendants, asserting causes of action for breach of contract against Yorba, Aminpour, and Emein, breach of contract against Askan and Kaal, intentional interference with contract against Beshai, fraud against all defendants, and money had and received against Beshai.
DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations. Defendants also contended that the purported contract was unenforceable and that plaintiff failed to allege fraud with required specificity.
Damages
Zughini sought $450,000 in general damages plus an award of punitive damages, attorney fees and costs, and other relief.
Result
The court sustained defendants' demurrer with leave to amend.
Other Information
FILING DATE: March 9, 2016.
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