FAIRFIELD, Calif. (CN) - A Red Robin restaurant claims the Applebee's restaurant one floor above it in a shopping mall has been hurting its business for years with "liquids from the toilets, kitchen, and facilities" that run down into the Red Robin. It's happened 12 times in the past 2 years and "this problem has been percolating, on and off, since approximately 2001," red Robin says.
"Despite being given years and multiple opportunities to correct the situation, defendants have caused and continue to cause leaks to repeatedly flood into the Red Robin restaurant below them, causing extensive and repeated damage. The deluge of various liquids emanating from defendants' restaurant has not only caused physical damage, but the leaks have resulted in the loss of business to Red Robin and the loss of goodwill of its customers," Red Robin claims in Solano County Court.
"These incidents have forced plaintiff to incur costs to clean and repair damage to the leaked/flooded areas, to close down areas and/or the entirety of the Red Robin restaurant to make repairs, to close down areas of the restaurant to prevent customers and/or [employees] from being exposed to unknown liquids spilling down from defendants' premises, and to throw away product and materials damaged by defendants' liquid intrusions."
Despite repeated requests, the "defendants have failed to take reasonable steps to prevent liquids from spilling out from their premises and onto others," according to the complaint.
"Although plaintiff has been patient and given defendants multiple opportunities to correct the problem, it has become clear that defendants are either unable or unwilling to correct the repeated liquid intrusions into Red Robin," Red Robin says.
Red Robin says it has been forced to conclude that "defendants intended to disrupt Red Robin's relationships, establish its own relationships with individuals that Red Robin would otherwise have conducted business with, and prevented numerous individuals from enjoying and conducting business with Red Robin."
Red Robin International sued the franchise operators, Norcal LLC and CJK Associates LLC. It seeks an injunction ordering the defendants to keep place clean and maintained, shut down until it is, and shut again "whenever subsequent leaking and flooding occurs."
Red Robin also seeks punitive damages and costs, alleging interference with prospective economic advantage, nuisance, negligence, trespass and unfair business practices.
It is represented by Ryan McNamara with Call & Jensen of Newport Beach.
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