Novamar Insurance Group Inc., Craig Chamberlain, Julie Chamberlain v. Mariners General Insurance Group Inc.; Byron Chamberlain and Charlene Chamberlain, individually and as co-trustees of the Living Trust of Byron K. Chamberlain and Charlene M. Chamberlain, Chamberlain Properties LLC, and Does 1 to 65, inclusive
Published: Jan. 7, 2017 | Result Date: Dec. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00832845-CU-FR-CJC Bench Decision – Motion Denied
Court
Orange Superior
Attorneys
Plaintiff
Gregory M. Hatton
(Hatton, Petrie & Stackler APC)
Defendant
Joey P. Moore
(Joey P. Moore APC)
Facts
Plaintiff Craig and Julie Chamberlain owned Novamar Insurance Group Inc. Plaintiffs filed suit against defendants Mariners General Insurance Group Inc., Byron Chamberlain and Charlene Chamberlain, individually and as co-trustees of the Living Trust of Byron K. Chamberlain and Charlene M. Chamberlain, and Chamberlain Properties LLC, in connection with agreements made between Craig and Byron Chamberlain.
Contentions
PLAINTIFF'S CONTENTIONS:
Julie Chamberlain contended that the court should grant her motion for preliminary injunction seeking to restrain defendants from transferring, selling or diluting the value of member units in Chamberlain Properties LLC and from transferring or selling the one commercial property held by Chamberlain Properties pending resolution of her claims in the case.
Plaintiffs asserted causes of action for breach of contract to will and convey property, mandatory injunction and imposition of constructive trust, specific performance, rescission, fraud, breach of contract, false advertising, and UCL and Lanham Act violations, accounting, reformation of promissory note, breach of fiduciary duty, conversion, and declaratory relief.
DEFENDANTS' CONTENTIONS:
Defendants contended that Chamberlain's motion should be denied because she could not meet her burden of showing that she would prevail on the merits of the case at trial.
Result
The court found that plaintiff Julie Chamberlain had not met her burden for a preliminary injunction, and denied her motion.
Other Information
FILING DATE: Jan. 29, 2016.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390