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I responded to your previous post. If I understood the situation, there was a lawsuit filed in California. I may have access to the status of that case. Do you know the county it was filed in, and the case number?
Sorry I took so long, I got side tracked..
I will hit accept for payment once we finish, but here is the case info for you.
Superior Court CA
One other thing. The ex-partner started a web building company and uses screen shots of out website as example he made. the problem is he has a competing company now, and it confuses people who we are (he already told our resellers we went under and have a new name, but that is a seperate claim). He did not do some of the work in the screen shot, and does not have our permission, plus he was paid, resigned, and this is profitting off our company using our company after he got bought out. Is this a decent lawsuit alone?
anyway, I look forward to your response regarding the lawsuit his new partner filed on us (which was absurd, that person set us up and left us for him when he got bought out)
I always pay on here for those who help answer questions, so the more you help....well you know how it goes from there... thank you!
Status of the Case
The case that you gave me, D******** v. S******** Aviation was dismissed without prejudice at the request of the Plaintiff on March 20, 2009. The Plaintiff filed a TRO after the dismissal (procedurally, that doesn't make sense) but it was never heard.
This is all that happened in that case:
DOES 1 TO 10 - Defendant
D******* B******** - Plaintiff
R*** R***** M. - Attorney-Plaintiff
S***** R**** PRESS LLC - Plaintiff
S******* AVIATION INC. - Defendant
Documents Filed (Filing dates listed in descending order)
06/02/2009 Ex-Parte Application (TRO )Filed by Attorney-Plaintiff
03/30/2009 Notice-Entry-DismissalFiled by Attorney-Plaintiff
03/20/2009 Request-Dismissal (Without Prejudice Entire Action )Filed by Attorney-Plaintiff
03/16/2009 Notice-Incoming Case TransferFiled by Clerk
11/04/2008 Summons-IssuedFiled by Attorney-Plaintiff
11/04/2008 Notice-Case Management Conference
Proceedings Held (Proceeding dates listed in descending order)
08/13/2009 at 08:31 am in Department NWD, MICHAEL A. LATIN, PresidingMotion-Ex Parte (plaintiff's ex parte application for temporary restraining order and for issuance of OSC re preliminary and permanent injunction to enforce settlement agreement per CCP 664.6) - Not held-No appearances
06/02/2009 at 08:30 am in Department NWD, MICHAEL A. LATIN, PresidingMotion-Ex Parte - Continued
(Q1) The [our corp name] Avionics Checklists are no more, that agreement has been terminated effective Sept 1st. [competitor name] will have the new checklists with more information to be released within the next week." Is any of this libel/slander?
- Yes, its defamation. Because it's in writing, it's liable
- It's also interference with prospective business advantage
- It's also false advertising
- It may violate Business & Professions Code §17200 in California
(Q2) The ex-partner started a web building company and uses screen shots of out website as example he made. the problem is he has a competing company now, and it confuses people who we are (he already told our resellers we went under and have a new name, but that is a separate claim). He did not do some of the work in the screen shot, and does not have our permission, plus he was paid, resigned, and this is profiting off our company using our company after he got bought out. Is this a decent lawsuit alone?
- It's copyright infringement
Whether or not you can sue him for this depends on what the buyout agreement says.
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