Bryan Harpole v. Ubiquity Inc., Christopher Carmichael, Connie Jordan, Brendan Garrison, Webb Blessley, Nicholas Mitsakos, and Does 1 through 100, inclusive
Published: Mar. 4, 2017 | Result Date: Feb. 7, 2017 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00854472-CU-BC-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
Bryan Harpole sued Ubiquity Inc., Christopher Carmichael, Connie Jordan, Brendan Garrison, Webb Blessley, and Nicholas Mitsakos, in connection with a contractual dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly entered into an employment agreement with Ubiquity on Jan. 2, 2012. Plaintiff was thereafter employed s a General Studio Manager to be paid $150,000 annually plus commission, bonuses and other benefits. On July 25, 2013, the parties allegedly entered into another agreement modifying the 2012 employment agreement, reducing plaintiff's commission. Following plaintiff's termination in 2016, Ubiquity allegedly breached the agreement by failing to timely pay plaintiff's salary, filing to pay his unpaid commissions, bonuses, accrued vacation, and medical insurance. Hence, plaintiff sued Ubiquity and the individual defendants, alleging causes of action for breach of contract; fraud and deceit; and to impress constructive trust on property obtained through fraud and for order of reconveyance. Plaintiff further contended that defendants were the alter egos of one another.
DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations.
Result
The court sustained defendants' demurrer with leave to amend.
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