This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Warranty

Grupo Flor LLC v. Moss Landing Commercial Park LLC, et al.

Published: Feb. 7, 2020 | Result Date: Nov. 15, 2019 | Filing Date: Jan. 16, 2018 |

Case number: 18CV000204 Verdict –  $0

Judge

Susan J. Matcham

Court

Monterey County Superior Court


Attorneys

Plaintiff

Jonathan A. Shapiro
(Baker Botts LLP)

Ariel D. House
(Baker Botts LLP)

Tania L. Rice
(Alston & Bird LLP)

Brian J. Jacobsmeyer
(Baker Botts LLP)

Philip J. Sciranka
(Baker Botts LLP)


Defendant

James L. Dawson
(Gates, Eisenhart & Dawson)


Facts

Moss Landing Commercial Park, LLC and Nader Agha filed suit against Grupo Flor LLC in relation to Grupo Flor's leaseholds at the commercial park. Grupo Flor countersued against Moss Landing and Agha.

Contentions

PLAINTIFFS' CONTENTIONS: Moss Landing and Agha alleged that Grupo Flor's founder, Mike Bitar, forged his signature on documents pertinent to Grupo Flor's lease of space at Moss Landing, and deceived Agha regarding the amount of monthly rent paid by marijuana growers in Moss Landing. Moss Landing and Agha claimed that the forgery occurred so Grupo Flor and Bitar could meet Monterey County and California regulations regarding the formation of marijuana enterprises. Agha contended that Group Flor and Bitar engaged in elder abuse by leveraging his 75-year-old age and health issues for their benefit. Moss Landing and Bitar sought $5.88 million in damages, or $1.3 million alternatively.

DEFENDANTS' CONTENTIONS: Grupo Flor and Bitar claimed that Agha terminated the relationship between the parties without explanation and thus breached the contract between the parties. Grupo Flor sought $64 million in damages. Grupo Flor's CEO, Gavin Kogan, admitted at trial that Grupo Flor executives knowingly included inaccurate information on its exemption application to Monterey County in 2016.

Result

The jury concluded that Agha breached his contract with Grupo Flor and Bitar, and this breach of contract constituted unfair interference with business operations. The jury also concluded that Agha and Grupo Flor had acted in bad faith, Bitar had committed fraud against Agha, and Grupo Flor supported Bitar's fraudulent acts. The jury awarded no damages to any party.

Length

three weeks


#133894

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390