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Contracts
Breach of Contract
Breach of Fiduciary Duty

Granatelli Motor Sports Inc. v. Central Coast Mustang Inc., Dennis Hilliard

Published: Jun. 22, 2004 | Result Date: Feb. 3, 2004 | Filing Date: Jan. 1, 1900 |

Case number: S1500CV247766RJA Verdict –  $0

Judge

Jon E. Stuebbe

Court

Kern Superior


Attorneys

Plaintiff

Rafael Bernardino


Defendant

Thomas P. Feher
(LeBeau Thelen LLP)


Experts

Plaintiff

John Loevenguth
(technical)

Defendant

Brian P. Brinig
(technical)

Facts

The plaintiff, Granatelli Motor Sport Inc., a producer of automotive parts, claimed that in 1998, it entered into an oral joint venture agreement with Central Coast Mustang Inc., and its principal, Dennis Hilliard, for the purpose of selling certain automotive parts. Granatelli alleged that the parties were to equally share the profits and expenses associated with the sale of the parts. Granatelli claimed that Central Coast repudiated and terminated the agreement in 2001. Granatelli sued Central Coast, alleging breach of the joint venture agreement and breach of fiduciary duty. The defendants contended that no joint venture agreement existed. They also denied any agreement or obligation to share in the profits. The defendants also contended that the plaintiff was a warehouse distributor of automotive parts supplied by Central Coast and it stopped directly supplying parts to the plaintiff because of difficulties created by the plaintiff. The defendants claimed that the plaintiff misrepresented the products supplied by the defendants in some of its advertising and marketing materials.

Settlement Discussions

The plaintiff demanded $350,000. The defendants made a C.C.P. Section 998 offer of $100,000.

Damages

The plaintiff claimed $1,510,417 for past and future lost profits.

Result

DEFENSE

Other Information

Following closing arguments, Hon. John E. Stuebbe granted the defendant's motion for directed verdict.

Length

seven days


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