Facts

Plaintiff Sandra Harmon co-authored a book, "Getting To I Do" with defendant Patricia Allen. The parties had entered into a partnership agreement, agreeing to split the proceeds from the publication of the book and all "ancillary rights." A third party, Ron Casden Productions, entered into an agreement to produce an infomercial to sell boxed sets containing the parties' book as well as audio tapes and other materials based on the book. The infomercial was never produced.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant breached the partnership agreement by secretly purchasing the boxed sets of the book at a distress sale and re-selling them at seminars and on the internet. Plaintiff claimed that the purchase and re-sale violated the ancillary rights clause of the partnership agreement because defendant was selling the books at her seminars and not sharing the profits with plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant claimed that both parties had entered into a licensing agreement with Ron Casden Productions, as evidenced by the fact hat plaintiff had terminated the agreement. According to defendant, Ron Casden had purchased the books from the original publisher, which was permitted in the parties' contract with the publisher. Thus, she claimed, Ron Casden Productions retained the right to sell the books to plaintiff, defendant or any third party.

Settlement Discussions

Plaintiff demanded $75,000. Defendant offered a promise not to sue for malicious prosecution in exchange for a dismissal, which plaintiff rejected. Later, defendant offered a portion of the books, which plaintiff also rejected.

Damages

Plaintiff demanded $500,000 in damages.

Injuries

Plaintiff claimed emotional distress.

Result

The trial court found for the defendant. It held that defendant's purchase did not re-vest the ancillary rights of the parties under the original alleged partnership agreement. Thus there was no resuscitation of the parties' former rights to an equal division of the profits based on defendant's re-sale of the items purchased at the liquidation sale.

Other Information

Plaintiff has decided not to pursue an appeal.

Length

BENCH TRIAL: Length, two days