PHILADELPHIA — MIF City II LP is suing California Pizza Kitchen Inc., citing alleged breach of the covenant of good faith and fair dealing.
MIF City filed a complaint Aug. 3 in the U.S. District Court of Eastern District of Pennsylvania, alleging that the defendant breached a lease agreement in connection with allegedly defective plumbing work.
According to the complaint, the parties entered a lease agreement on Jan, 31, 2007, under which California Pizza Kitchen was a tenant in MIF's shopping center.
Under the agreement, the plaintiff claims the tenant agreed to be responsible for "immediately repairing any damage" caused by the performance of any work it had done in its restaurant.
MIF claims the defendant's plumbing work caused significant leaks and other problems that resulted in the departure of other tenants, a two-year vacancy of part of the premises and a loss of revenue.
The plaintiff requests a trial by jury and seeks judgment for compensatory damages in an amount not less than $150,000, plus interest, costs, attorney's fees and other relief as the court deems appropriate. It is represented by Barry Cohen and Joshua Upin of Royer Cooper Cohen Braunfield LLC in Philadephia, Pennsylvania.
U.S. District Court of Eastern District of Pennsylvania case number 2:18-cv-03302-MAK