This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Fiduciary Duty
Negligent Misrepresentation

Jennifer Ellis v. Robert Trent Jones Jr., Robert Trent Jones II, LLC

Published: Sep. 29, 2007 | Result Date: May 29, 2007 | Filing Date: Jan. 1, 1900 |

Case number: BC343521 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Jennifer S. Elkayam

Lyssa A. Roberts
(Alder Law)

Shawn J. McCann
(Banafsheh, Danesh & Javid PC)

Thomas V. Girardi
(Girardi & Keese)


Defendant

Eric R. Maier


Facts

Between February 2000 and June 2000, plaintiff Jennifer Ellis worked as a consultant for the company founded golf course designer Robert Jones Jr. According to their contract, Ellis was hired to introduce Jones to new prospective clients in return for a base salary plus a five percent referral fee.

In 2000, Ellis helped introduce Jones to Hyundai Asan Corp., part of the Hyundai Group, in order to discuss Hyundai's resort project in North Korea.

Claiming economic damages, Ellis sued Jones and his company, Robert Trent Jones II LLC for breach of contract, fraud, and negligent misrepresentation in 2005. Three other causes of action for breach of fiduciary duty, intentional interference with prospective economic advantage, and negligent interference with prospective economic advantage were eliminated on demurrer.

Contentions

PLAINTIFF'S CONTENTIONS:
Ellis claimed she introduced Jones to Hyundai and that resulted in golf course design projects for Jones. Ellis claimed Jones designed the North Korean resort's golf course, and that project led to another entity, Hyundai Cement Company, to hire Jones in 2003.

DEFENDANT'S CONTENTIONS:
Jones disputed Ellis' claims, arguing that Ellis did not help him get the golf course design job with Hyundai, Asan in 2000, and that Ellis had no evidence that she facilitated an introduction with Hyundai Cement Company in 2003.

The Hyundai Cement director of construction testified that his contract with Jones was not related to Ellis. He claimed his relationship with Jones stemmed from another Asian golf course project done in 1996.

Damages

Ellis sought roughly $200,00 in unpaid referral fees.

Result

Judge Soussan G. Bruguera granted the defense's motion for summary judgment on the grounds that Ellis did not introduce Jones to Hyundai Cement or any other resort project for which the company was hired.

Other Information

Jones filed a $6,072 cost bill and a motion for attorney fees.


#120742

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390