Facts

In 2010, developer Milton Barbis and Zone Sports Center Inc. sued Red Head Inc. dba Cabo Wabo Enterprises, Sammy Hagar, owner of the Cabo Wabo chain of restaurants, and others, for breach of contract and emotional distress. This was just one of a string of lawsuits between the parties. In this complaint, Barbis claimed that Hagar left him a voice message threatening to kill him. He claimed Hagar hired a hit man to "rub him out."

Plaintiffs also sued for violations of the federal and state antitrust laws, the Lanham Act, and California's franchise acts.

Result

In 2011, U.S. District Judge Jeffrey White threw out all but one of Barbis' claims against Hagar, granting Hagar's motion to dismiss. Judge White allowed Barbis to amend his duress and undue influence claims. Despite the filing of three amended complaints, U.S. District Judge Jon Tigar ultimately found Barbis' claims were without merit.