Cutting Edge Sports Training Inc., Todd Norman v. East Bay Velocity LLC, Sport Performance Training LLC, Velocity Sports Performance of Redondo Beach LLC, Peter Barbaresi, J. Todd Anderson, and Does 1 to 50, inclusive
Published: Oct. 15, 2016 | Result Date: May 19, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00672436-CU-BT-CJC Verdict – $322,631
Court
Orange Superior
Attorneys
Plaintiff
Isaac R. Zfaty
(Much Shelist PC)
Ryan N. Burns
(Much Shelist PC)
Defendant
Alton G. Burkhalter
(Burkhalter, Kessler, Clement & George LLP)
Dale Michael Oberbeck
(Burkhalter Kessler Clement & George LLP)
Experts
Plaintiff
Raymond Clark
(technical)
Defendant
Richard M. Holstrom
(technical)
Facts
Plaintiff Todd Norman is owner of Cutting Edge Sports Training Inc. a sports performance training center in Orange County. Peter Barbaresi and J. Todd Anderson were owners/representatives of defendant East Bay Velocity LLC, a competitor sports performance training company. The parties agreed to merge their businesses, and operated jointly for a year and a half.
Velocity Sports Performance of Redondo Beach LLC was dismissed from the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed defendant breached the agreement between the parties and evicted plaintiffs from the business. Plaintiff contended that defendant made multiple material misrepresentations regarding the financial condition of the Velocity business, defendant's intentions regarding providing plaintiff an equity interest, and their true intent of absorbing all of plaintiffs' business, leaving them with nothing.
DEFENDANT'S CONTENTIONS:
Defendant contended that the parties did not have an enforceable agreement, and that plaintiffs defamed them at the end of the business relationship.
Settlement Discussions
Plaintiffs offered to settle pre-trial for $230,000.
Damages
According to defense, plaintiff sought $500,000 in damages.
Result
Judgment was rendered in favor of plaintiffs for $325,000 for negligent misrepresentation in connection with a partnership dispute, with $2,369 in offset damages on cross-complaint. According to defense, of plaintiff's claims for breach of contract, breach of fiduciary duty, and negligent misrepresentation, plaintiff prevailed only on the negligent misrepresentation claim.
Other Information
Judgment Notwithstanding the Verdict and Motion for New Trial were denied. FILING DATE: Aug. 29, 2013.
Deliberation
two days
Length
four weeks
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