If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS GIUSEPPE BALSAMO and CALOGERA UNPUBLISHED BALSAMO, May 18, 2023 Plaintiffs/Counterdefendants- Appellants, v No. 361114 Oakland Circuit Court DALCOMA PROPERTY, LLC, LC No. 2021-185914-CB Defendant/Counterplaintiff-Appellee, and FRANK D’ANNA, DAMIANO RANDAZZO, SHADY LANE DEVELOPMENT CO., LLC, and FRANK MANCINI, Defendants-Appellees. Before: PATEL, P.J., and CAVANAGH and REDFORD, JJ. PER CURIAM. Guiseppe Balsamo1 claims that defendants Dalcoma Property, LLC, Frank D’Anna, Damiano Randazzo, Shady Lane Development Co., LLC, and Frank Mancini fraudulently induced him to relinquish his membership interest in Dalcoma over a dozen years ago in reliance on an agreement that his membership interest would be returned to him when his immigration issues were cured. When Balsamo’s citizenship issues were cured in June 2014, defendants failed to return his membership interest. Balsamo alleges that this failure to return his interest was a breach of the agreement and a conversion of his interest, among other things. But Balsamo did not file 1 The original complaint also named Guiseppe’s wife, Calogera Balsamo, as a plaintiff, but she was omitted from the first amended complaint and only remained a party to the action as a counterdefendant. Calogera is not a party to this appeal. -1- his claims until January 2021. Because Balsamo commenced this action after the expiration of the applicable statutes of limitations, we affirm the trial court’s grant of summary disposition in favor of defendants. I. BACKGROUND Dalcoma, which was organized in February 2001, owns and operates a multi-unit commercial property in Clinton Township, Michigan. Shady Lane is a member of and owns 78% of Dalcoma. D’Anna, Randazzo, and Mancini are also members of Dalcoma and own the remaining 22%. Balsamo alleges that he was or should also be a member of Dalcoma with a membership interest of 12.5%. Before Shady Lane acquired its interest in Dalcoma, defendants told Balsamo in 2009 that it was necessary to remove his membership interest from Dalcoma’s records because his immigration issues were adversely affecting Dalcoma’s business affairs. But Balsamo was allegedly told that his membership interest would be returned to Dalcoma’s records “at the right time” after his immigration issues were cured. According to Balsamo, his 12.5% interest went to Randazzo in 2009 and, in exchange, Randazzo promised to pay Balsamo 50% of any income, distributions, dividends, compensation or value he received annually.2 Balsamo allegedly never received any money from his membership interest after 2009. In June 2014, Balsamo became a United States citizen. Although Balsamo’s immigration issues were cured, defendants allegedly told him it was not the right time to restore his membership interest. In October 2018, Randazzo sent an e-mail to Balsamo’s son discussing refinancing of a loan for Dalcoma and stated, “If it refinances it would be a good time to bring your Dad in.” But Balsamo’s membership interest was not restored. Balsamo filed this action on January 22, 2021. In June 2021, D’Anna, Dalcoma …
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