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1 parents and his minor child live with him the State of California. For purposes of diversity
6 FACTUAL ALLEGATIONS
7 4. In April 2017, Plaintiff and Defendant executed a Standard Player Agent Contract
8 (SPAC) and a marketing agreement. Additionally, Plaintiff and Defendant entered into an
2 damage and reputational harm. Defendant has willfully and wantonly refused to return property
3 rightfully belonging to Plaintiff. Defendant has sent a representative of Plaintiff text messages
4 flaunting his refusal to return property belonging to Plaintiff and to reimburse Plaintiff for the cash
5 advance and expenses incurred at his direction.
2 15. Under Texas law, a party found to have breached an agreement shall pay the
3 prevailing party’s attorney’s fees and costs of litigation.
4 16. Wherefore, premises considered, Plaintiff respectfully request that the Court enter
5 an order requiring Plaintiff to pay the amounts owed under the advance agreement and to pay
9 17. Plaintiff incorporates by reference and restates the factual allegations contained in
10 Paragraphs 1-16 above. Plaintiff pleads this claim in the alternative to the breach of contract claim.
11 18. Plaintiff advanced monies to Defendant which Defendant promised to refund if he
12 terminated the representation agreement. Defendant terminated the representation agreement but
13 has refused to return the monies advanced as promised. Plaintiff gave Defendant a $40,000
14 advance and paid his expenses while he prepared for the NBA draft. The purpose for advancing
15 monies and expenses was to improve Defendant’s draft position which would benefit Plaintiff.
16 19. Under California law, a claim for money had and received “lies wherever one
17 person has received money which belongs to another, and which in equity and good conscience
18 should be paid over to the latter.” Bekins v. Zheleznyak, No. 2:15-cv-04478-CAS-AS, 2016 WL
19 1091057, at *6, 2016 U.S. Dist. LEXIS 37201, at *20 (C.D. Cal. Mar. 21, 2016) (quoting Gutierrez
20 v. Girardi, 194 Cal. App. 4th 925, 937, 125 Cal.Rptr.3d 210 (Cal. Ct. App. 2011)).
21 “Money had and received is a form of restitution that applies when unjust enrichment occurred
22 thanks to a contract or other transfer of ‘a definite sum.’ ” Berger v. Home Depot USA, Inc., 741
23 F.3d 1061, 1070 (9th Cir. 2014), abrogated on other grounds by Microsoft Corp. v. Baker, –––
24 U.S. ––––, 137 S.Ct. 1702, 198 L.Ed.2d 132 (2017).
25 20. Defendant has retained monies that Plaintiff advanced for the benefit of Plaintiff’s
26 business interest that in equity and conscience ought to be refunded to Plaintiff.
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4
COMPLAINT
Case 2:18-cv-02139-MCE-DB Document 1 Filed 08/03/18 Page 5 of 6
1 21. Wherefore premises considered, Plaintiff respectfully requests that the Court enter
2 an Order requiring Defendant to refund the money advanced and the expenses incurred on his
3 behalf, plus prejudgment interest and costs where appropriate.
4 THIRD CAUSE OF ACTION
5 (Conversion)
6 22. Plaintiff incorporates by reference and restates the factual allegations contained in
7 Paragraph 1-21 above.
8 23. Plaintiff allowed Defendant to use a gold necklace with the YM logo while it
9 remained Defendant’s sports and marketing agent. Defendant unilaterally terminated this business
10 relationship. Plaintiff demanded return of the gold necklace valued at approximately $11,000.00.
11 Defendant has maliciously refused to return the gold necklace and has acted with a conscious
12 disregard to Plaintiff’s right to its property. Defendant has no right to remain in possession of
13 Plaintiff’s property.
14 24. Defendant’s refusal to return property belonging to Plaintiff constitutes an unlawful
15 conversion. Plaintiff has a property interest in the gold necklace bearing its logo and has an
16 immediate interest in such property. Defendant continues to exercise control over such property
17 after a demand for return had been made. Thus, Defendant has converted Plaintiff’s property for
18 his own use.
19 25. Wherefore premises considered, Plaintiff respectfully requests that the Court enter
20 an Order compelling the Plaintiff to return the property in question and to pay punitive and/or
21 compensatory damages for his malicious conduct.
22 PRAYER FOR RELIEF
23 Plaintiff prays for the following relief:
24 1. Reimbursement of the cash advance and the expenses incurred;
25 2. Return of Plaintiff’s property;
26 3. Reasonable attorneys’ fees plus cost of litigation;
27 4. Prejudgment interest on amounts owed;
28 5. Punitive and compensatory damages for unlawful conversion; and
5
COMPLAINT
Case 2:18-cv-02139-MCE-DB Document 1 Filed 08/03/18 Page 6 of 6
1 6. Any other legal or equitable relief the Court deems appropriate to remedy any
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COMPLAINT
YM APAA Sports Group & Entertainment, LLC v. Mason, Docket No. 2:18-cv-02139 (E.D. Cal. Aug 03, 2018), Court Docket
General Information
Court United States District Court for the Eastern District of California;
United States District Court for the Eastern District of California
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