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Santa Clarita / Antelope Valley : Restaurant Owners Are Suing Landlord for Fraud : Palmdale: The couple says company knew but didn’t disclose that burger stand was in high-crime area.

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SPECIAL TO THE TIMES

A Palmdale couple who last month opened a burger stand say the location of their restaurant is just killing them. Granted, they named the place “Murder Burger,” but say they were never told the restaurant was in a crime-plagued neighborhood.

Now they are suing their landlord, alleging fraud. Ron and Sherry Howell filed suit in Los Angeles Superior Court Thursday against The Fairfield Homes Title Holding Co., which owns the restaurant building at 1824 E. Palmdale Blvd.

The Howells, who signed a seven-year lease on the restaurant last June, are suing the company for $300,000, claiming company officials knew, but did not disclose, that the restaurant was in a high-crime area.

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“The Howells’ claim is that the landlord knew about gang activities and tagging in the area, but did not disclose that information,” said Fred Fenster, their attorney. “If my clients had known, they never would have signed the lease.”

He said “Murder Burger” is so named because the hamburgers served there are “killers.”

“It’s a positive reference to the food,” he said, adding that the Howells had successfully run a restaurant by the same name in Northern California.

Attempts to reach representatives of the title holding company and the Howells were unsuccessful.

Fenster said the Howells spent more than $250,000 and six months refurbishing and furnishing the site, which formerly housed a Naugle’s and Del Taco.

In the complaint, the Howells allege that shortly after they moved in last month:

* The improvements were subjected to relentless, periodic graffiti tagging by rival gang members.

* Slogans of the rival gangs were etched and carved on the windows, mirrors, walls and furnishing of the restaurant.

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* Patrons and employees of the restaurant were terrorized when it was taken over by gang members.

“It’s an incredible shame when decent people invest their life savings in a location and risk everything because they weren’t informed of the true facts,” Fenster said. “Hopefully, a jury will decide that they deserve a return of their investment.”

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