Tarantino's

BACKGROUND

On December 13, 2019, Tarantino’s, Inc., Burns, and McDonnell (collectively, the Burns-McDonnell Parties) filed a complaint in superior court against Henry, Herringbone (named as “Herringbone Tavern, Inc., a

1 California corporation and dba Tarantino’s”), Barrel House Tavern, and Apple Annie’s, LLC dba Tommy’s Joynt (collectively, the Herringbone Parties), alleging as follows. For nearly 40 years, Burns and McDonnell owned and operated Tarantino’s in San Francisco’s Fisherman’s Wharf area. They decided to sell the Restaurant because they were both advancing in age and Burns had fallen seriously ill. After Henry learned that Burns and McDonnell wished to sell Tarantino’s, he expressed interest in buying the Restaurant. Henry, an experienced restaurateur who owned and operated or was acquiring various other eating establishments, including the Barrel House Tavern, Tommy’s Joynt, and Fisherman’s Grotto, eventually convinced Burns and McDonnell to sell the Restaurant to him. Henry drafted and presented a purchase agreement under which he would buy Tarantino’s for $2 million from McDonnell. Under this initial purchase agreement, Henry was to pay a $600,000 deposit at the…