On April 8, 2020 Tuscany
Suites, LLC ("Tuscany") sued Oracle America, Inc. and its
subsidiary Micros Fidelio Worldwide LLC (collectively
"Oracle"), in San Francisco Superior Court alleging a
single claim for breach of contract. Tuscany runs the
Tuscany Hotel and Casino in Las Vegas, Nevada. The
lawsuit alleges that Oracle made promises about the capabilities of
its hardware and software including that it had a leading
integrated management program for hospitality users such as Tuscany
but that it failed to deliver on these
promises. According to the Complaint:
This is yet another example of a
dissatisfied customer suing Oracle for over promising and under
delivering. Another unhappy customer, Barrett Business
Services is also currently suing Oracle for breach of contract and
related torts in San Francisco Superior Court. Oracle
had demurred to Barrett's initial complaint, arguing in part
that the plaintiff had failed to plead what specific provisions of
the contract Oracle had allegedly violated, and relying on its
disclaimer of warranties and the contract's integration clause
to attack Barrett's contract claim. We would not be
surprised to see Oracle attack Tuscany's complaint via demurrer
on the same grounds. In the Barrett case, the Plaintiff
filed an amended Complaint, which added claims for intentional
misrepresentation and other detailed factual allegations, which
made its pleading less susceptible to a successful
demurrer. Perhaps Tuscany will do so here as well.
Tuscany alleges that:
Tuscany alleges that:
Tuscany claims that Oracle's various breaches have caused it
damages of at least $3,000,000. Tuscany contends that
Oracle's breaches have resulted in chaos for Tuscany, which has
lost substantial business and good will as a result of Oracle's
alleged failure to perform. According to the
Complaint:
Tactical Law will continue to
monitor the case and bring you any updates. The case is
Tuscany Suites, LLC v. Oracle America, Inc., San Francisco Superior
Court Case Number CGC-20-584091.
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