SACRAMENTO – A movie theater in the Promenade Shops at Orchard Valley has filed a complaint for declaratory relief to settle a tax dispute.
American Multi-Cinema Inc. (AMC) filed a complaint on May 19 in the U.S. District Court for the Eastern District of California against Manteca Lifestyle Center LLC, citing breach of lease, breach of covenant of good faith and fair dealing and unjust enrichment.
According to the complaint, the plaintiff alleges that the lease between it and the defendant stipulates that the plaintiff will pay a proportionate share of the property taxes. AMC alleges that the tax parcel refers to the shopping center, while the defendant contends the tax parcel refers to the land on which the plaintiff's theater rests on.
The plaintiff seeks a declaration, compensatory damages, general and special damages, interest rate at the maximum allowed by the law, restitution and disgorgement of all amounts unjustly acquired by plaintiff, all legal fees and any other relief as the court deems just. It is represented by Robert H. Platt of Manatt, Phelps & Phillips LLP in Los Angeles and Christopher A. Rheinheimer of Manatt, Phelps & Phillips LLP in San Francisco.
U.S. District Court for the Eastern District of California, Sacramento Division Case number 2:16-cv-01066-TLN-KJN