The hangar rental company Coyote Aviation has added two causes of action Dec. 9 against Redlands to their lawsuit alleging the right to remove the hangars the company built and were evicted from.
The company rented land at the Redlands Municipal Airport in 2001. Coyote Aviation owner Gil Brown built 15 hangars on the previously undeveloped land. The company was evicted after a long legal battle over the lease’s renewal date. Brown was found to have applied to renew his lease too late for his renewal request to be legally binding. Now, Brown sues on claims that he should be taking his hangars with him.
The amended suit brings charges of fraud by intentional misrepresentation and fraud by concealment, in addition to his original causes of conversion, breach of contract, specific performance, negligence and intentional infliction of emotional distress.
San Bernardino Superior Judge Nicole Quintana Winter approved the amended complaint Dec. 9.
In her ruling, she found that the late addition of the causes of action—six months after the case was filed—did not prejudice the case against Redlands.
Redlands attorneys argued the change should not be made because the causes are barred by statutory immunity under the Government Code, according to Winter’s ruling. They also argued that the causes of action fail to satisfy both the pleading requirements that apply to fraud, and the procedural obligations under the California Rules of Court.
Winter found that the question of Redlands’ immunity is best decided by a demurrer, not by blocking an amendment to the complaint. She also ruled that the late nature of the amendment was reasonable, because it was based on information found in August, during discovery, following a California Public Records Act request.
“A demurrer is the appropriate mechanism for such arguments and the court does not consider the validity of the proposed amendment. Thus, grounds for demurrer or motion to strike are premature,” Winter wrote.
Coyote Aviation’s lawyers argued there is still time to conduct discovery, and that the action is still in its early stages, according to Winter’s ruling.
“As these proposed amendments do contain allegations of fraud, denying leave to amend could potentially deprive Plaintiffs of meritorious claims,” Winter wrote.
Brown had filed a permit to remove the hangars while the previous lawsuits were under way. Redlands denied the permit. The city is currently renting the hangars.
The hangar complex is valued at $3 million, according to Brown’s complaint.
Nataly Rahmo and Rod Pacheco of Pacheco & Neach represent Brown.
Dustin Nirschl and Henry Adriano of Best Best & Krieger represent Redlands.
Case No. CIVSB2418252
Read Brown’s complaint here.
Read our previous coverage:
Court dismisses Coyote Aviation’s suit against Redlands
Redlands’ Coyote Aviation eviction halted after appeal
Redlands to continue renting hangars built by Coyote Aviation
NOTE: Follow Our Courts Executive Editor Toni Momberger was on the Redlands City Council in 2020. Because of the conflict, she was not involved in the reporting or factual editing of this story.
