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Master Replicas, Inc. v. Levitation Arts

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION


August 27, 2009

MASTER REPLICAS, INC., A CALIFORNIA CORPORATION, NOW KNOWN AS CORGI INTERNATIONAL LTD., PLAINTIFF,
v.
LEVITATION ARTS, INC., A KENTUCKY CORPORATION; KAREN A. SHERLOCK, AN INDIVIDUAL; MICHAEL F. SHERLOCK, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable David O. Carter Judge OF The United States District Court

(Assigned to the Hon. David O. Carter, Courtroom "9D")

[PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RELATED CROSS-ACTION

The parties hereby submit their joint [Proposed] Findings of Facts as follows:

I. FINDINGS OF FACT

1. Master Replicas, Inc. ("Master Replicas") is a California or Delaware corporation and Master Replicas is the Plaintiff in this suit. Michael Cookson ("Cookson") was the Chief Executive Officer of Master Replicas as of June 28, 2009 and Cookson is a Counter-Defendant in this suit.

2. Levitation Arts, Inc. ("Levitation Arts") is a Texas corporation and the Defendant and Counter-Claimant in this suit. Michael and Karen Sherlock (the "Sherlocks") are citizens of Texas and the Defendants and Counter-Claimants in this suit.

3. On June 28, 2006, Master Replicas and Levitation Arts entered into a Technology Licensing Agreement ("TLA").

4. Pursuant to Article III of the TLA, payment of $60,000 was due on June 28, 2009 as an advance royalty for the fourth year of the TLA. The payment was not made on or before that date as required in Article III nor on July 28, 2009 within the thirty (30) day cure period, as required in Paragraph 13.2 of the TLA.

5. Prior to and during trial, Levitation Arts and the Sherlocks asserted an unjust enrichment claim against Cookson in his individual capacity which, Levitation Arts and the Sherlocks contended, was inextricably intertwined with their alleged fraud and negligent misrepresentation claims against Cookson, and the Court permitted Levitation Arts and the Sherlocks to present evidence at the trial on that basis.

II. CONCLUSIONS OF LAW

1. This Court has personal jurisdiction over the parties and of the subject matter of this suit.

2. The TLA has been terminated as of July 28, 2009.

CERTIFICATE OF SERVICE

Pursuant to FRCP 5, I certify that I am an employee of the law firm of WYMAN & ISAACS LLP, and that on the date shown below, I caused service of a true and correct copy of the attached:

[PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW

to be completed by: personally delivering sending via Federal Express or other overnight delivery service

X depositing for mailing in the U.S. mail with sufficient postage affixed thereto delivery via facsimile machine to fax no.

X electronic filing, and thereby delivery via e-mail to:

Paul Adams, Esq., SBN 42146 THE ADAMS LAW FIRM 901 Rio Grande Blvd., NW Suite H262 Albuquerque, New Mexico 87104 E-Mail: adamspatentlaw@gmail.com

Paul Adams, Esq. THE ADAMS LAW FIRM 550 W. C Street, Suite 2000 San Diego, CA 92101

Dated this 25th day of August, 2009

Lina Pearmain

20090827

© 1992-2009 VersusLaw Inc.



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