Autowmz Llc D/B/A LA Cucina vs. Street Retail, Inc.

Plaintiff AUTOWMZ LLC d/b/a La Cucina (“La Cucina”) brings this action for

declaratory judgment finding that it is excused from performance under the commercial lease

agreement with Defendant Street Retail, Inc. (“Street”) and for damages caused by Street’s own

breach and wrongful conduct. Since the imposition of COVID-19 governmental restrictions and

closures on March 15, 2020, the purpose of La Cucina’s lease agreement for high traffic

restaurant space in the heart of Assembly Square has been completely frustrated, and its

obligations are impossible to perform under the circumstances. The forced closure of all non-

essential businesses for a period of three months and the state and local restrictions that have and

continue to severely limit potential and actual patronage at La Cucina and the surrounding

businesses excuse La Cucina from performance under the lease, and it seeks declaratory

judgment accordingly.

Street breached the implied covenant of good faith and fair dealing by attempting to

capitalize on La Cucina’s vulnerability and terminate its lease without cause, so that Street could

continue its negotiations with a competing restaurant for the lease of nearby space, which is a

direct violation of La Cucina’s bargained-for exclusivity provision. Street’s conduct in

manufacturing a non-monetary default under the lease as modified and using the alleged default

to terminate the lease for the purpose of circumventing the exclusivity provision was intentional,

unfair, and deceptive. Under these circumstances, Street’s actions constitute unfair and deceptive

acts. Accordingly, Street has breached the implied covenant of good faith and fair dealing and, in

doing so, violated M.G,L. ¢. 93A, § LL.

Causes of Action

COUNT I For Declaratory Judgment That La Cucina Is Excused From Performance Under The Lease

COUNT II Breach of the Implied Covenant of Good Faith and Fair Dealing