Business

(310) 201-0010

Business / Partnership Dissolution

REPRESENTATIVE CASES

Breach of contract action between art dealer and artist for past and future commissions on popular and valuable "pop art." The dealer contended there was an unwritten partnership agreement entitling him to commissions received on certain past and future sales, and sued for lost commissions. The dealer also possessed a number of artworks that the artist contended belonged to him, so the artist counter-claimed for conversion for return of the artwork.

Action by founders of a medical device company, for breach of contract and financial elder abuse, who sold their business during the COVID-19 pandemic, were terminated shortly after the sale, and were allegedly not adequately compensated for the sale of the business. The buyer cross-complained for breach of contract, alleging that the sellers acted improperly after the sale, and frustrated the new owner's ability to make the business profitable.

Hotel construction and renovation company sued its former CEO and other former employees for alleged theft of trade secrets and lost profits, from a hotel renovation job that it allegedly lost due to Defendants' actions. Defendants, who founded a rival company, denied taking any trade secrets. The former CEO also cross-complained for the unpaid portion of his severance pay.

Breach of contract action seeking indemnity under dealer agreement, between dealer/installer of residential solar energy systems and the equipment supplier.

Commercial collections dispute for account stated and breach of contract between two merchants (supplier and retailer) involving application of section 2-207 of the Uniform Commercial Code (UCC), i.e. a "battle of the forms," as to which terms applied, including responsibility to pay tariffs, length of warranty on the consumer good sold (electronic radios), amount of prejudgment interest, and recoverability of attorneys' fees.

Plaintiffs were musicians who contended they entered into an agreement with defendants, a film composer and his company, to compose portions of the musical score for a full-length feature film. Plaintiffs contended that defendants refused, and failed to share credit and give them their full agreed-upon portion of the royalties. Plaintiffs filed suit for promissory fraud, intentional misrepresentation, promissory estoppel, breach of oral contract, declaratory relief, and accounting. Defendants cross-complained for defamation, breach of the covenant of good faith and fair dealing, intentional interference with contract, and unfair competition in violation of Business & Professions Code Section 17200 et seq.

Plaintiff sued a famous actor who had worked at a noted Los Angeles improvisational theater, contending that the actor’s association with the theater fraudulently led people to believe that they, too, would become famous if they took lessons at the theater.

Plaintiff, a music promotion company, alleged that it was defrauded by defendants, a noted a rap star and his agents, for the rapper’s suddenly backing out of a scheduled performance at a music festival. Plaintiff contended that, because the rap star was the headline act, the entire music festival had to be cancelled. Plaintiff also alleged that its deposit, of over $200,000, was not returned. Plaintiff sued for breach of written contract, conversion, breach of implied contract, common count (money had and received), and fraud.

The former president and general manager of the motion picture group of a global media and entertainment company sued the company and its principals, contending that he was denied compensation generated by an IPO of a portion of the group, and that defendants then mismanaged the company. Plaintiff also contended that he was forced to resign after complaining of fiscal mismanagement. Plaintiff asserted numerous causes of action, including breach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, promissory fraud, constructive discharge, retaliation in violation of Labor Code section 1102.5, and unfair business practices in violation of the Unfair Competition Law, Business & Professions Code Section 17200. Defendants cross-complained for fraud, breach of fiduciary duty, and negligence, contending that Plaintiff was a “once trusted corporate officer” who was instead a “deceitful charlatan,” and that Plaintiff’s employment contract was terminated due to Plaintiff’s poor performance and asset mismanagement.

Plaintiff, a noted entertainer, and his company, contended that they executed a written agreement for defendant producer and his LLC company for defendants to produce a documentary film about the Plaintiff entertainer’s life. The project, however, allegedly did not go forward because no documents had ever been filed with the California Secretary of State to create and qualify defendant LLC as a valid and existing limited liability company. Plaintiffs filed suit for declaratory relief, seeking a determination that the written agreement was void, that a certain provision therein was unconscionable, and that Plaintiff entertainer had not transferred his right of publicity to either defendant for the purpose of producing a documentary about his life. Plaintiffs also sought a determination that all film footage belonged to Plaintiffs and should be returned.

One of the original Mercury 7 astronauts saw what he believed to be sunken shipwreck sites during his space missions, and recorded his observations on maps. Decades later, a television network created a reality TV show based on these maps. The widow of the astronaut sued the producer and network, contending, among other things, that they had wrongfully kept the maps.

Dispute between two equal shareholders, a managing officer and a medical doctor, of a company founded by the doctor to provide intraoperative monitoring and diagnosis during brain surgery. The managing shareholder filed suit to involuntarily dissolve the company. The defendant corporation then cross-complained against Plaintiff, alleging several causes of action including breach of fiduciary duty and conversion. Plaintiff then cross-complained against the other 50% shareholder individually, and the company, in a shareholder derivative action, for removal of a director, and for breach of fiduciary duty.

Breach of contract action brought by documentary filmmaker who had been hired to create a documentary about a landmark Los Angeles residence; the property’s owners fired the filmmaker when they learned he had wanted the film’s focus to be on the unflattering aspects of the personal life of the residence’s first owner rather than the famous property itself.

Heir of famous author entered into a contract for a screenplay based on the author’s book. A dispute with the screenwriters ensued.

Breach of fiduciary duty action brought by celebrity against his business manager, contending that the business manager breached his fiduciary duty to the client by attempting to evade liability in a dispute over ownership of a portrait of the celebrity’s former girlfriend.

Malicious prosecution action brought by a movie artwork publisher against a motion picture studio and its law firm subsequent to a decade of intellectual property litigation in the United States District Court and in the Ninth Circuit Court of Appeals. The studio had sued the movie artwork publisher for infringement of the studio’s trademark of an iconic cartoon character. The publisher ultimately prevailed in the federal litigation.

Malicious prosecution action brought by retailer who had been sued by a disabled individual for violations of the ADA. The disabled individual had committed suicide during the underlying case, so the action was dismissed. The retailer then sued the law firm which had filed the lawsuit, and the estate of the deceased plaintiff.

A contractor hired by a school district to upgrade the fire alarm system at two elementary schools, for a contract amount of $1 million per campus, contended the district breached its contract by failing to pay for the work performed. The district admitted that it withheld some of the payment, contending that the contractor included improper items and quantities in its proposal, essentially using “phantom quantities” to improperly inflate the proposal cost, and also failed to properly complete the work.

Action alleging breach of contract and lost profits brought on behalf of an airport concessionaire.

Action for alleged illegal business practices brought by an out of state non-profit “animal rights” organization seeking to enjoin several Los Angeles area rabbis, synagogues, and congregations from performing a centuries-old religious ritual performed in connection with the Jewish High Holy Days. Plaintiff contended the ritual, which involved chickens, violated several laws including animal cruelty laws.

After being evicted from their operating site, the owners of a catering company sued their previous landlord and the site’s new tenants, another catering company, contending breach of contract and violation of a confidentiality agreement.

A tourist transport business purchased two commercial coach tour buses which broke down. When repairs allegedly did not remedy the engine defects, the company sued the manufacturer and distributor for fraud, breach of contract, breach of warranty, and lost profits.

Action for breach of contract brought by law firm against former client, seeking to enforce a judgment awarding $2.7 million in attorneys’ fees.

Heirs of an animation artist brought a breach of contract seeking royalty payments arising out of the artist’s animated television series.

A doctor whose Las Vegas bar was featured on a television reality show sued the show’s producers, casting company, and production company’s lawyer for damage to his medical reputation and medical practice for the show’s depiction of him.

A production company sued a motion picture studio for breach of contract, unlawful business practices, fraudulent inducement, and sought an accounting, contending that, although it had paid the studio nearly $7 million to promote and widely distribute a feature-length theatrical motion picture that it had financed and made, the studio failed to do so. The studio instead released the movie only on a limited basis.

Breach of contract action brought by flooring subcontractor in connection with allegedly substandard work performed during construction of a new courthouse.

Action for misappropriation of likeness brought by assignee of model, contending that defendant nightclub misappropriated the model’s likeness in advertising materials.

Action for breach of contract by a general contractor against clients who had contracted with plaintiff to remodel their back yard and install a pool. The homeowners refused to pay, and cross-complained for disgorgement, on the grounds that the contractor did not have a specific pool contractor’s license.

Breach of contract and misappropriation action brought by retailer, who stored 38,000 pairs of shoes at defendant’s storage facility. The shoes were stolen while being stored by defendant.

Breach of contract dispute between buyer and seller of a commercial building, with the buyer also alleging fraud based upon seller’s alleged warranty of the condition of the property.

A music sub-publishing company sued a karaoke establishment for breach of contract for alleged failure to pay a settlement agreement reached in prior federal court litigation. The sub-publisher has sued in federal court for copyright infringement of over 3,000 musical compositions they had acquired from various Korean artists. Several copyright ownerships were disputed.

Action to set aside a settlement agreement based upon fraud. A consultant sued a former client for quantum meruit. The consultant then filed an action to set aside the settlement, contending that he was deprived of essential information regarding the sale of the company at the time he entered into the settlement agreement.

Action for breach of contract arising out of a prior settlement agreement by a shipping company against a former client. The former client had settled a previous action, agreeing, in part, to give the shipping company future business. When the former client failed to do so, the shipping company filed suit.

Action for breach of contract and specific performance by owners of a used car company against their landlord, in a dispute over an option to purchase contained in the lease.

Action for breach of contract against classic car restorer for alleged failure to replace an engine on a classic car.

Action for breach of contract, breach of the covenant of good faith and fair dealing, defamation, negligence, and negligent and intentional infliction of emotional distress by a minor who had been expelled from a Catholic school. The plaintiff sued the Archdiocese, the school, and certain individuals claiming that she had been bullied; the school contended that the plaintiff was asked to leave the school due to on-campus sexual misconduct.

A 65-year old company that designs, manufactures, and sells specialty electrical products, including power distribution centers, alleged that when some of its sales employees left the company, they went to a rival company and used the plaintiff’s proprietary information, in violation of their confidentiality agreement. The plaintiff sued the former employees for breach of contract, and the rival company for conversion and interference with prospective business advantage.

Action for breach of contract and unjust enrichment brought by a high-end denim garment manufacturer against a retailer. Plaintiff contended that defendant purchased 14,000 pairs of jeans, but did not pay for them. Defendant contended that it did not purchase the jeans, but rather kept them for consignment sales. Defendant nonetheless retained possession of the jeans.

A technology company sued a film distribution company and its principal for fraud and breach of contract of a distribution agreement, which granted defendant exclusive rights to plaintiff’s animated feature-length motion picture. Defendant also allegedly failed to pay the required $2 million advance payment, to disclose its marketing plan, or to provide proper accounting for distribution of the film.

Breach of contract action/infringement action brought by an individual in the music industry against a music industry star, contending that the defendant stole his idea for a new music technology.

Action for breach of oral contract. Plaintiff contended that he loaned defendant money to purchase a condominium while she was getting a divorce from her husband. Defendant contended that the money was a gift.

Action for collection of a medical bill by a residential facility against the parents of a minor who checked their minor son into the residential program.

An automotive financing company sued a used-car retailer for breach of contract, alleging the car dealer had failed to repurchase more than 300 retail installment sales contracts, for the financing of the purchase of used cars.

Fraudulent conveyance action filed by a homeowner who had successfully obtained a
$525,000 judgment against a contractor who had performed faulty construction work. The contractor then conveyed title to his house to his wife. The house was originally purchased as the wife”s separate property in 1979, but the two had transferred title back and forth between each other several times since then.

Action for breach of contract, and cross-action for breach of contract and fraud, arising out of a commercial dispute regarding the sale of allegedly defective aftermarket center consoles for pickup trucks.

Action by a business consultant seeking to rescind a settlement agreement in an action he had brought against a business client for quantum meruit.