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Contracts
Breach of Contract
Conversion and Fraud

James Robinson v. Elie Samaha

Published: Jun. 8, 2004 | Result Date: Dec. 23, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC285988 Verdict –  $110,600

Judge

Elihu M. Berle

Court

L.A. Superior Central


Attorneys

Plaintiff

Alan S. Gutman
(Gutman Law)


Defendant

Susan Wines

Richard A. Schirtzer

Farhad Novian
(Novian & Novian LLP)


Facts

Plaintiff James Robinson, CEO of Morgan Creek Productions, sued defendant Elie Samaha, CEO of Franchise Pictures, for breach of contract and fraud involving investment in a restaurant. The plaintiff alleged claims against the defendant arising out of his investment in a restaurant and nightclub called the Sunset Room. In early 1999, shortly after the plaintiff's company entered into an agreement for the distribution of motion pictures produced by the defendant's company, the defendant invited the plaintiff to invest in the Sunset Room general partner. The defendant promised the plaintiff one-half of his interest in the Sunset Room, which at the time was 20 percent. The defendant subsequently transferred 15 percent to a company owned by defendant and other parties claimed to plaintiff that his interest in the Sunset Room was five percent.

Settlement Discussions

According to the plaintiff, the defendant made an offer of $40,000.

Damages

The plaintiff claimed $36,000 - the value of one-half of the 15 percent interest that was transferred.

Deliberation

one day

Poll

10-2 (breach of contract), 2-10 (fraud)

Length

five days


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