Tiffany Builders, LLC v. DelrahimAnnotate this Case
At a coffee shop in Calabasas, David Delrahim made Edwart Der Rostamian a business proposal. Rostamian got his notebook, asked a server for a pen, and worked with Delrahim to compose two pages of text. When they were done, each man signed the paper. Rostamian later sued Delrahim on contract claims. The trial court granted Delrahim’s motion for summary judgment, ruling the Calabasas writing was too indefinite to be a contract.
The Second Appellate District affirmed the order dismissing the tortious interference causes of action. The court reversed as to the breach of contract, specific performance, and unfair business practices causes of action. The court explained that before Rostamian and Delrahim wrote and signed the Writing, their discussions were freewheeling and wide-ranging. Rostamian was “under contract” and in escrow with Mekhail, so one possible form of the deal would be to complete the escrow and thus to make Rostamian the intermediate buyer, who then would sell to Delrahim, who would become the ultimate buyer. Another possibility was for Delrahim to “replace” Rostamian in the escrow, thus again making Delrahim the ultimate buyer. Or Delrahim could become Rostamian’s partner, or he could become an investor in the deal. The two men were canvassing possibilities before they reached an agreement and drafted the Writing. In the portion of the declaration the trial court cited, Rostamian explained that the Writing set out Delrahim’s promise to allow Rostamian to own the four dealer sites. Rostamian’s deposition answer did not contradict Rostamian’s declaration.