Circa Publishing Enterprises v. Gehry Design LLC, Frank O. Gehry
Published: Dec. 11, 2010 | Result Date: Dec. 2, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC 371363 Bench Decision – Judgment of Non-suit
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Patricia L. Glaser
(Glaser Weil Fink Howard Avchen & Shapiro LLP )
Facts
In May 2007, plaintiff Circa Publishing Enterprises, LLC of Culver City filed an action against defendants Gehry Design, LLC and Frank Gehry for breach of contract.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it had a written agreement with Gehry Design that would entitle it to one-half of all proceeds that Gehry Design received from sales of jewelry under the agreement, including monies that Gehry Design received under a separate agreement with international jewelry house Tiffany & Co.
DEFENDANT'S CONTENTIONS:
Defendants contended that no agreement between the two parties was in force, including because, by plaintiff's own admission, the parties had terminated the agreement. Defendants also argued that, even if the agreement were in effect, plaintiff would not be entitled to the damages it sought and successfully moved in limine to exclude $20 million of the $22 million in damages sought.
Damages
Plaintiff claimed more than $22 million in damages.
Result
After two weeks of trial and on the eve of closing arguments, the judge granted Gehry Design's motion for judgment of nonsuit and dismissed the case with prejudice. The appeal was dismissed on September 10, 2010.
Other Information
FILING DATE: May 2007.
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