Williams v. La Perla North America, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GREGG WILLIAMS, Case No. 23-cv-01633-JSC

Plaintiff,

GRANTING MOTION TO DISMISS

v. WITH LEAVE TO AMEND

LA PERLA NORTH AMERICA, INC., Re: Dkt. No. 16 Defendant.

12 Gregg Williams (“Williams”) alleges La Perla North America, Inc. (“La Perla”) breached a lease (the “Lease”) by failing to pay rent since May 2021 and abandoning the leased commercial property located at 170 Geary Street, San Francisco, California (the “Property”) around April 2021. (Dkt. No. 1.) Williams brings this action solely in his capacity as state court-appointed receiver. (Id. ¶ 3.) In response, La Perla filed an answer and counterclaim alleging causes of action for restitution, breach of contract, and breach of the implied covenant of good faith and fair dealing arising out of Williams’ failure to mitigate damages as the Lease requires. (Dkt. No. 10.) Williams’ motion to dismiss La Perla’s counterclaim causes of action is now pending before the Court.…