1004 Palace Plaza, LLC v. Ebadom Food, LLC et al, No. 1:2018cv01376 - Document 41 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION - The Court will grant in part and deny in part Plaintiff's Motion to Dismiss the Counterclaims. The motion to dismiss Counterclaims II, III, and V will be granted and those counterclaims dismissed and the motion to dismiss Counterclaims I and IV will be denied. An appropriate order shall issue. Signed by District Judge Claude M. Hilton on 07/15/2019. (dvanm, )
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1004 Palace Plaza, LLC v. Ebadom Food, LLC et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division 1004 PALACE PLAZA, LLC, Plaintiff, Civil Action No. l:18-cv-1376 V. EBADOM FOOD, LLC, et al. Defendants. MEMORANDUM OPINION THIS MATTER comes before the Court on Plaintiff's Motion to Dismiss the Counterclaim (Dkt. 31) pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff and Defendants were parties and related corporate officers to a lease, assignment, and guaranty for a commercial space that was to be used as a Korean barbeque restaurant. Prior to the execution of the lease. Defendants allegedly made representations regarding the amount of capital that was available to support the investment, that building plans were already complete for the project, and that they had sufficient )cnowledge of how to quickly complete the project as they had numerous similar locations in South Korea. Plaintiff alleges that as a result of these statements it entered into the lease for a ten-year period providing Defendants a seven-month period where rent would not be owed, the lease defined this as the Dockets.Justia.com
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