June McLaughlin: Indian Hills Holdings, LLC v. Frye

June McLaughlin: Indian Hills Holdings, LLC v. Frye
CANNANNEW REPORT

Indian Hills Holdings, LLC v. Frye  June McLaughlin Indian Hills Holdings, LLC v. Frye. 2021 WL 5360956 November 17, 2021 Motion for Default Judgment Indian Hills Holdings, LLC v. Frye 2021 WL 5994036 December 17, 2021 Motion to Dismiss Facts Indian Hills Holdings, LLC, (IHH) a California company, used a broker to purchase modular cannabis cultivation cubes. The broker, Christopher Frye (Frye), principal at Construction & Design Professionals, Corp, (CDP) an Arizona corporation, promised to obtain the cubes from a third-party, ICT Centurion Investments, LLC, (ICT) a Colorado LLC with suspended status. Full payment of $182,000 was made to Frye. The Cubes were not delivered. ICT had sold the Cubes to another party. IHH requested a refund of payment. When Frye failed to return the funds, IHH filed a lawsuit in the US District Court for the Southern District of California for breach of contract, fraud, and unjust enrichment. Shortly the filing, Frye returned $140,000 to IHH leaving $42,000 as the balance of the claim along with fees and attorney costs. The court granted the Motion for Default Judgment with respect to the claims of breach of contract and unjust enrichment but not fraud. Defendants “Answer to Complaint and Motion to Dismiss” were filed a week before the hearing for Plaintiff’s Motion for Default Judgment against CDP. The court accepted Defendants Motion Nunc Pro Tunc[1] and set a hearing date for the Motion to Dismiss after the Motion for Default Judgment. The court denied the Motion to Dismiss with respect to Breach of contract and unjust enrichment and granted it with respect to fraud. This case summary discusses the district court’s decision regarding both Motions. Motion for Default Judgment Breach of Contract The APA was drafted by IHH but signed only by Frye. Because the APA concerned a sale of goods over…

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Source : June McLaughlin: Indian Hills Holdings, LLC v. Frye

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