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Civil Rights
Race Discrimination
Breach of Covenant of Good Faith and Fair Dealing

Jonathan D. Chang v. American Legion Jackie Robinson Post 252, Alonzo Ester

Published: Nov. 14, 2009 | Result Date: Jul. 6, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 06CV07997(AHM) Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

James T. Stroud


Defendant

William G. Davis

Rebecca L. Hufford-Cohen


Facts

On Oct. 1, 2002, Jonathan Chang, doing business as West Boulevard Florist, entered into a written lease with the American Legion Jackie Robinson Post 252 (ALP) for the rental of commercially zoned property located at 3816 West Slauson Avenue in Los Angeles. The agreement stated that it could be terminated by the sale of the property upon 30 days written notice that it had been sold.

On Dec. 21, 2005, an ALP officer delivered to Chang a letter explaining that the property was for sale. $300,000 was ALP's asking price. ALP offered to sell it to Chang if he desired to put in a bid. On Dec. 22, Chang filed suit against ALP.

On Jan. 11, 2006, ALP sold the property to Alonzo Ester for $235,000. Chang joined Ester as a defendant in the pending litigation. On July 18, the sale closed. Chang retained possession of the property until April 3, 2007, when he was lawfully evicted by Ester under the terms of their new lease.

Contentions

PLAINTIFF'S CONTENTIONS:
Chang claimed that ALP refused to sell them the property because they were Korean-American and used a "sham" sale to Ester to evict them. They claimed this was a violation of their civil rights and a breach of the implied covenant of good faith and fair dealing. They also claimed that ALP members threatened and harassed them.

Result

The court granted ALP's motions for summary judgment and for judgment as a matter of law, dismissing all of Chang's claims.

Other Information

FILING DATE: Dec. 15, 2006.


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