New West Ventures LLC, James McAlpine v. CNS Management Equity Partners, LLC, CNS Equity Partners NV 100, LLC, CNS Equity Partners NV 200 LLC, Aura, Jennifer Sanders and Does 1 through 50
Published: Jun. 19, 2020 | Result Date: Mar. 5, 2020 | Filing Date: Aug. 22, 2019 |Case number: CGC-19-578591 Settlement – $330,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Joshua S. Brownstein
(Brownstein Law Group, PC)
Defendant
Jennifer M. O'Sullivan
(Duane Morris LLP)
Facts
Plaintiffs New West Ventures LLC and James Mcalpine filed suit against Defendants CNS Equity Partners LLC, Auru, Jennifer Sanders, and others, alleging Defendants breached the contract between Plaintiffs and Defendants. Plaintiffs alleged Defendants also invaded Plaintiffs' privacy when Defendant misused Plaintiffs' name and likeness by selling various marketing products but failing to obtain permission from Plaintiffs.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended they entered into a contract with Defendants to invest, based on false representations made by Defendants at the time, and Plaintiffs were harmed as a result. Plaintiffs contended Defendants previously agreed to enter into a settlement and agreed to pay Plaintiffs $325,000, and that Defendants only paid $2,000, but not the rest of the balance. Plaintiff lastly contended it was a prominent figure in the business industry and as part of the settlement agreement, Plaintiff requested not to have its name or any affiliation with Defendants. However, Plaintiffs contended although Defendants were prohibited from doing so, as detailed in their agreement, Defendant used Plaintiffs' name and likeness when it sold marketing materials.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The parties entered into a settlement agreement for $330,000.
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