Douglas Sain v. Dinesh D'Souza
Published: Dec. 15, 2012 | Result Date: Oct. 25, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00083861-CU-BC-CTL Bench Decision – TRO Denied
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Shannon Z. Petersen
(Sheppard, Mullin, Richter & Hampton LLP)
James M. Burgess
(Burgess Law Corporation)
Facts
Sain Communications Inc. ("Sain"), one of the producers of the film "2016: Obama's America" filed a motion for a temporary restraining order against co-producer Dinesh D'Souza. Sain alleged that D'Souza seized control of the film's production company, breached the operating agreement, engaged in self-dealing and mismanagement, and attempted to force Sain out of the company. D'Souza previously filed a claim in arbitration.
Contentions
PLAINTIFF'S CONTENTIONS:
Sain sought a temporary restraining order preventing D'Souza from unilaterally managing the production company and further breaching of the company's operating agreement.
DEFENDANT'S CONTENTIONS:
D'Souza opposed the motion, arguing that the dispute was subject to arbitration, Sain failed to show irreparable injury, and Sain failed to join an indispensable party, Veterans Gateway, Inc., the film's third producer, to the action.
Result
The Court denied the motion. The parties voluntarily submitted the dispute to arbitration following the Court's ruling.
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