Orozco

Orozco v. WPV San Jose, LLC

Good Law
248 Cal. Rptr. 3d 623·36 Cal. App. 5th 375
Court of Appeal of CaliforniaJune 17, 2019H044014; H044062California14,433 words

Opinion

Lead Opinion

Danner, J.

*381 Paul Orozco opened the eponymous Pauly's Famous Franks N Fries (Pauly's), a restaurant offering gourmet hot dogs, sausages, and specialty french fries, at The Plant shopping center in San Jose (the Plant). Before Orozco signed a 10-year lease for space at the Plant, he asked the leasing manager whether restaurants with competing concepts or products were being *630 considered for the remaining unfilled leases. The leasing manager told him no, even as she was negotiating a lease with Al's Beef, a national franchise selling hot beef sandwiches, hot dogs, and french fries. Although the leasing manager procured a fully executed lease from Al's Beef before Orozco signed his lease, she never disclosed this fact to Orozco. *382 Orozco signed a 10-year lease for the space at the Plant on behalf of Solid Restaurant Ventures-a limited liability company that Orozco created to operate Pauly's and which he wholly owned-with Vornado, the company that then owned the Plant. Orozco signed the lease without having learned that the Plant had also leased space to Al's Beef. Orozco also personally guaranteed Solid Restaurant Ventures' rent payments under the lease by signing a separate guaranty.…

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