Qazi and Cerni aided and abetted each other in unlawful scheme to withhold real estate commissions from Newport Beach real estate broker lawsuit alleges
September 06, 2023 06:58 PM Eastern Daylight Time
NEWPORT BEACH, Calif.–(BUSINESS WIRE)–Karen A. Sunday & Associates Inc., a well-regarded commercial real estate broker, recently filed a multi-count lawsuit against Dr. Joseph S. Cerni and Dr. Nadir Qazi, along with their affiliated medical practices and others, for failing to pay, and unlawfully withholding, an earned real estate commission. The lawsuit alleges fraud, breach of contract and unlawful retention of stolen property, among other counts.
According to the lawsuit, in May 2022, Dr. Nadir Qazi reached out to Karen Sunday, President of Karen A. Sunday & Associates, seeking her expertise to acquire a building for his Newport Beach cosmetic surgery practice, the Qazi Cosmetic Center. Responding quickly, Sunday reached out to one of her long-time clients, well-known Newport Beach plastic surgeon, Dr. Joseph S. Cerni, owner of Forever Ageless in Newport Beach, inquiring about his interest in selling his office to Qazi. According to court documents, in July 2022, Sunday sent a binding letter of intent to both doctors for the sale of the building, located at 20271 Southwest Birch Street, Suite 100, in Newport Beach with a sale price of $4.75 million. The lawsuit contains various transactional details, including the purchase price, deposit contingencies, escrow conditions, and most crucially, the broker commission. As part of the agreement, Sunday was set to receive a 4% commission from Cerni. Additionally, Court documents allege Qazi was to pay an additional 2% commission for his participation in the transaction. Neither Cerni nor Qazi ever paid for the brokerage services rendered by Sunday and instead aided and abetted each other by unlawfully withholding Sunday’s earned commission.
According to the complaint on file in Orange County Superior Court, Case No. 30-2023-01309116-CU-BC-CJC, when the sale closed in December 2022, both Dr. Cerni and Dr. Qazi reneged on their commitment, denying Sunday her rightfully earned commission totaling $285,000. The lawsuit sheds light on the doctors’ intentional deceit, alleging they misled Sunday with a promise to pay their respective commissions to Sunday upon the close of escrow yet failed to do so.
The lawsuit seeks damages of no less than $4 million, citing California’s fraud statute in addition to the breach of contract claims. Sunday is represented by Elliot H. Stone, Esq., of Stone LLP, in Irvine California.
The lawsuit names among the defendants: Joseph S. Cerni, D.O. a Professional Corporation, JSC Holdings LLC, Rockitgram LLC, Belle Vie Wellness and Medical Aesthetics Inc., Beautiful Reflections Inc., Forever Ageless, Inc., Nubella Med Spa, Inc., Pure Fix Medical Institute, Inc., Qazcorp, Qazi Cosmetic and Monumental Investments LLC.
Karen Sunday & Associates, Inc., is a commercial real estate broker specializing in both Tenant and Landlord Representation headquartered in Newport Beach, California. Karen’s expertise is in the leasing and sales of office, industrial, and retail real estate in Southern California. More information at http://www.karensunday.com.
Stone LLP is a law firm that represents businesses throughout California in complex litigation involving business, construction, real estate, and employment disputes. More information at http://www.stonellp.com
Contacts
Elliott H. Stone
949-477-9100
ehstone@stonellp.com
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