The California Court of Appeals today ruled that Rick Caruso, CEO of Caruso Affiliated Holdings, can proceed with a lawsuit against General Growth Properties that arose over plans to develop an open air shopping center next door to General Growth’s Glendale Galleria. The ruling will put a $40 million lawsuit charging General Growth with antitrust and anticompetitive practices, back onto the trial calendar. General Growth had asked the court to consider dismissing the lawsuit. General Growth had hoped to gather community support against Americana at Brand, a planned $264-million mixed-use development including a shopping complex, residential units and other features on a 15.5 acre site adjacent to the Glendale Galleria by requesting a city-wide referendum on the development. Caruso prevailed in the referendum and then sued General Growth for anticompetitive practices, alleging that the company tried to block the development. The appellate court decision likely means that a trial date for the lawsuit will be set in Los Angeles Superior Court. “We won on all counts and we are anxious for this case to move forward,” Caruso said in a press release. Officials at General Growth called the decision “a preliminary ruling on procedural issues that does not reach the merit of any claims.”
