apmaterialfacts

FRAUDULENT CONCEALMENT OF MATERIAL FACTS

The NJ Supreme Court recognizes Fraudulent Concealment as a separate tort action. Tartaglia v. UBS PaineWebber, Inc., et al., 2008 WL 5274869 (N.J. Supreme Court, December 16, 2008).

In a PRECEDENTIAL DECISION, the Superior Court, Appellate Division, in Catena v. Raytheon Company, et al.,(August 18, 2016), held that the Discovery Rule applied to common law fraud claims (Fraudulent Concealment) as well as fraud claims under New Jersey's Consumer Fraud Act (CFA) and was discovered 17 years later and filed 20 years later.

A party may not benefit from its own fraudulent conduct. Joe D'Egidio Landscaping, Inc. v. Apicella, 337 N.J. Super. 252, 257 (App. Div. 2001).

Municipalities have immunity involving decision-making... "unless it was palpably unreasonable".

Facts related to the validity of the permit and Mr Jordans status were concealed.

In the case Platinum Links Ent v Atlantic City Surf Pro Baseball Club 2002. United States District Court, New Jersey. The Hon Judge Joseph E. Irenas noted that the City's attempt to block the show was based on a "dislike of the message" and an unfair stereotype of rap fans. The ruling emphasized that Officials could not single out rap music for cancellation while allowing other genres.

This case can be over quickly by addressing these 3 issues.

In September 2004 was Civilian Police Director Louis Jordan prohibited by a Superior Court of Law from exercising police powers and performing police duties and directed by the City of Asbury Park to cease ALL law enforcement duties? YES!

Did the Paramount Theater obtain the approval of the City's Special Events Permit prior to allowing the Plaintiff to book their facility and book the celebrity artists ect if the permit was required as per law? NO!

Was the City's Special Events Permit applicable and enforceable as per law at the privately owned Paramount Theater? NO!

This is why the Paramount did not obtain proof of the City's Special Events Permit being approved "PRIOR" to the booking. IT WAS NOT NEEDED. These facts were intentionally concealed from the Plaintiff, and it was proven by the Defendant City of Asbury Park on January 21, 2026!

The City of AP, Led by Civilian Police Director Louis Jordan planned and colluded to come up with a way to cancel the Plaintiff's event after agreeing to increased security levels (50 Officers and 40 Bonded Security Guards from 25 Officers and 40 Bonded Security Guards).

NJLAD; Using "public safety" as a justification to cancel or restrict a specific genre of music (like rap) after the police and venue has already approved security measures for the event is discriminatory. It is a pretext for bias against the artists, promoter(s) and the audience.

The Plaintiff was not the only one discriminated against. The Defendants, led by Civilian Police Director Louis Jordan discriminated against an entire genre of people and denied all of us equal accommodations and equal protections under the law. These are Civil Rights Violations by someone who was VP of the Long Branch NJ NAACP.

Shame should not be imposed upon the Plaintiff as the City and Mr Jordan had fiduciary relationships to disclose all material fact to the Plaintiff, and the Paramount Theater was under implied contractual covenant of good faith and fair dealing... Instead, the chose to conceal and omit the material facts.

Material Fact: The City's special events permit does not apply to privately owned facilities.

A special events permit is a government function: The process of issuing permits for special events is an exercise of a municipality's regulatory power to ensure public safety, manage public spaces, and enforce local ordinances, which is considered a core governmental function.

A contract to hire officers is a commercial function (or "special duty" contract): When off-duty police officers are hired by a private entity for security or traffic control for a special event, they are considered independent contractors of the private entity, and the arrangement is managed through an "extra duty employment program" or "special duty assignment" system. The private entity pays the municipality into an escrow account, which then pays the officers, so the service is treated as a business/commercial transaction, not a standard public safety assignment at taxpayer expense.

The City of AP and the Paramount Theater are liable under the NJ Consumer Fraud Act (CFA) for unconscionable commercial: The New Jersey Consumer Fraud Act has a broad definition of "person" that includes business entities, and courts have held that a municipality is subject to the CFA if it engages in "unconscionable commercial practices" related to the sale of goods or services, rather than purely governmental or regulatory functions. The CFA is intended to provide wide-ranging protection for consumers in day-to-day commerce.

Using public safety as a pretext after making an agreement for security (50 Officers and 40 Bonded Security Guards) are violations of NJLAD and the NJCFA.