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Horton Plaza Suit: Jimbo's files suit over millions in lost sales

Grocery store chain Jimbo’s Naturally has filed a suit against Horton Plaza.

SAN DIEGO (NEWS 8) – Grocery store chain Jimbo’s Naturally has filed a suit against Horton Plaza.

The lawsuit claims the mall’s owner is not maintaining the property which is keeping customers away and leading to big losses in sales for Jimbo’s.

The owner and store namesake, Jim Someck, signed the lease for the 28,000-square-foot store in 2012 with the understanding big changes were coming for the struggling mall. “Initially, I was not crazy about it, but the folks at Westfield talked to me about the plans they had. We [Jimbo’s] would be the first of a huge overhaul,” said Someck.

Jimbo’s said it invested more than $5 million building out the store. The grocery store opened in 2013, but remains a money loser – it’s aisles not full of customers as expected. “We are hoping that this was going to be our number one store in our five-store chain. Unfortunately, since we have signed the lease, there has been no effort to create this thriving vibrant mall. It’s just gone downhill,” said Someck.

Across from Jimbo’s there is a store – one of dozens of vacant storefronts. In fact, there are more closed stores than open based on Horton Plaza’s store directory.

Jimbo’s said mall-owner, Westfield, promised a $200 improvement which was later doubled to $400 million; however, it never materialized. Jimbo’s pointed out that the mall never even bothered to decorate for the 2017 holiday season. “I kept my hope up that it's just around the corner, that it's going to happen, just trying to work out details kind of thing. At some point it got to be frustrating,” said Someck.

Jimbo’s also called out Westfield for what it calls a lack of security. It claims there are daily issues with homeless and shoplifters. The grocery store now employs its own full-time, armed security guards, but it is not enough to convince customers to come in.

Jimbo’s lawsuit would force Horton Plaza to make upgrades.

“It got to a point where I cannot tell you which was the straw that broke the camel’s back. It got to be too frustrating. I came to a realization that nothing was going to happen. My hope is they [Horton Plaza] will turn this into a first-class mall and we will be able to thrive in that location,” said Someck.

Horton Plaza, Westfield told News 8 it does not comment on pending litigation

FULL LAWSUIT 

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