MARWAN ELHULU; KHALID ALNABULSI; and MOHAMMED SAQQA, Plaintiffs, v. FADEL ALSHALABI; and OMNI HOLDING GROUP, LLC, Defendants., 2021 NCBC 69

Summary

HOLDINGS: [1]-Plaintiffs, holders of membership interests in defendant LLC, sufficiently stated claims for declaratory relief by alleging an actual controversy as to their interests in the LLC, including that records contained conflicting information as to their interests, and that the LLC and its manager had refused to produce information despite many requests; [2]-Allegations that the LLC refused to allow inspection of documents demanded under N.C. Gen. Stat. § 57D-3-04 were sufficient as to the LLC, but the statute did not allow the action against the manager; [3]-A fraud claim sufficiently alleged that the manager had specific intent not to perform on his promises when made, nor was it barred by the economic loss rule; [4]-Plaintiffs' allegations did not foreclose appointment of a receiver under N.C. Gen. Stat. § 1-507.24(a).