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Breach of Contract
Fraud

Joshua Luchs v. Pro Tect Management Corp.

Published: Nov. 3, 2007 | Result Date: May 21, 2007 | Filing Date: Jan. 1, 1900 |

Case number: BC328269 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael I. Sidley


Defendant

Howard F. Silber


Facts

Plaintiff Joshua Luchs is a recruiter of football players for sports agents. He claimed his former employer, defendant Pro Tect Management Corp., failed to pay him earned commissions. He worked for defendant from 2000 to 2004, and then left to work for another sports management company. He contended that his agreement with defendant stated he was entitled to 25 percent of the commissions charged to NFL players in his region, and that this provision applied to him even after he left the company.

The plaintiff sued for breach of contract. He also claimed fraud, alleging that although defendant was precluded from doing business in California, it listed itself as "Pro Tect Corp. in California" on its contract with plaintiff.

Contentions

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff was an independent contractor. Further, after leaving the company, plaintiff solicited two NFL players in violation of his contract.

Damages

The plaintiff sought past-due compensation amounting to over $200,000. He also claimed future damages valued in the hundreds of thousands.

Result

The jury found for defendant, and the judge awarded defendant approximately $382,000 in attorney fees.

Deliberation

two hours

Poll

12-0 (on oral contract), 10-2 (on written contract)

Length

10 days


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