Prostar Wireless Group, LLC v. Domino's Pizza Inc.
Published: Feb. 22, 2019 | Result Date: Dec. 28, 2018 |Case number: 3:16-cv-05399-WHO Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Darius C. Ogloza
(Ogloza Fortney LLP)
David C. Fortney
(Ogloza Fortney LLP)
Micah D. Nash
(Ogloza Fortney LLP)
Defendant
Jeffrey E. Faucette
(Skaggs Faucette LLP)
Daniel F. Katz
(Williams & Connolly LLP)
Edward D. Barnidge
(Williams & Connolly LLP)
Janine M. Pierson
(Williams & Connolly LLP)
Matthew W. Lachman
(Williams & Connolly LLP)
Shauna M. Kramer
(Williams & Connolly LLP)
Facts
Prostar Wireless Group LLC filed a lawsuit against Domino's Pizza Inc. in relation to its GPS driver tracking system.
Contentions
PLAINTIFF'S CONTENTIONS: Prostar contended that it spent years developing a custom GPS driver tracking system for Domino's franchisees. Prostar claimed that Domino's did not allow it to sell the tracking system to franchisees as agreed. Additionally, Prostar contended that Domino's relied on its work to develop an in-house system. Prostar sued for breach of fiduciary duty, breach of implied in fact contract, breach of covenant of good faith and fair dealing and other claims.
DEFENDANT'S CONTENTIONS: Domino's denied the contentions and contended that it was entitled to summary judgment on the merits of all the causes of action.
Result
The court granted Domino's motion for summary judgment. The court determined that the breach of fiduciary duty claim failed, finding there was no evidence that Prostar and Domino's expressly agreed to being a joint venture. Additionally, any agreement the parties could have reached would be too vague to provide a basis for its enforcement, and therefore, the breach of implied in fact contract claim failed and in turn, the breach of covenant of good faith and fair dealing followed suit.
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