John P. Lynch and Jonathon J. Ibarra Obtain Dismissal of Bitter Family Commercial Dispute

 

In 2015, John’s client was sued by his partner and family member under theories of breach of fiduciary duty, undue influence, unjust enrichment, fraud, rescission, breach of contract and accounting after several businesses they owned and operated were dissolved or the plaintiff withdrew his interest from those entities. The suit arose out of a settlement agreement the parties had reached regarding the distribution and allocation of the assets of those businesses. The plaintiff claimed that the settlement agreement was secured fraudulently and had been breached by the defendant. After nearly five years of litigation, the plaintiff’s settlement demands declined from $1,500,000 to $1,000,000 to $500,000 and so on.  Finally, after continued refusals to pay the plaintiff any amount whatsoever to resolve the suit, the plaintiff voluntarily dismissed his claims and they were never refiled.