United States District Court, C.D. California
VIRGINIA A. PHILLIPS Chief United States District Judge.
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
action came on regularly for trial on April 4, 2017, in
Courtroom 8A of the above entitled Court, the Honorable
Virginia A. Phillips, Chief United States District Judge
presiding. Counterclaim Plaintiff and Counterclaim
Defendant-in-Reply Comprehensive Toxicology Billing, LLC
("CTB"), and Counterclaim Defendant-in-Reply Robert
Nickell (collectively, "CTB Parties") appeared by
their attorneys, Steven M. Goldberg, Prana A. Topper, and
Emil Petrossian of the law firm Manatt, Phelps & Phillips
LLP. Counterclaim Defendant and Counterclaimant-in-Reply
Aliya Medcare Finance, LLC ("Aliya"), and
Counterclaim Defendants Erik Nord, Comprehensive Toxicology
Services, Inc., and Upton Park Financial, LLC (collectively,
"Aliya Parties"), appeared by their attorneys Kevin
M. Yopp of the Law Offices of Kevin M. Yopp, APC, and Richard
William Buckner of the law firm Glaser Weil Fink Howard
Avchen & Shapiro LLP.
March 14, 2016, CTB filed a third amended counterclaim
("TACC"), the operative counterclaim in this
matter. (Doc. No. 291.) On May 2, 2016, Aliya filed a
counterclaim in reply ("CCIR"), the operative
counterclaim in reply in this matter. (Doc. No. 292.)
24, 2016, this Court granted the Aliya Parties' motion to
dismiss CTB's claims that rely on an alter ego theory of
liability. (Doc. No. 336.)
August 16, 2016, this Court granted in part and denied in
part the CTB Parties' motion to dismiss Aliya's CCIR.
(Doc. No. 357.) In that order, the Court dismissed
Aliya's second, seventh, eighth, and ninth counterclaims
in reply--for concealment (against Nickell and CTB),
intentional interference with contractual relations (against
Nickell, ChemBio, and the Doe Counterclaim
Defendants-in-Reply), breach of contract (against Exec
Billing), and violation of section 17200 of the California
Business and Professions Code (against Nickell),
respectively. (Doc. No. 357 at 24.) The Court also dismissed
all counterclaims in reply to the extent that they rely on
the first or second agreement between Aliya and CTB.
March 7, 2017, pursuant to stipulations filed by the parties,
the Court dismissed Counterdefendants Henrik Sten, Allan
Alvarado, and Zarfeen Samani with prejudice. (Doc. Nos. 547,
January 10, 2017, this Court granted the Aliya Parties'
motion for partial summary judgment to the degree it sought
to establish ownership over the receivables Aliya purchased
and paid for between March 28, 2013, and October 31, 2014,
with the exception of the receivables that Aliya rejected on
October 19, 2014. (Doc. No. 507 at 44.) The Court also
granted the CTB Parties' Motion for Summary Judgment as
to Aliya's lockbox account waiver. (Id.)
April 4, 2017, a jury of eight persons was regularly
impaneled and sworn to try the action.Witnesses were
sworn and testified.
April 13, 2017, the Aliya Parties voluntarily dismissed their
claims for negligent misrepresentation and fraud in the
April 14, 2017, this Court granted the Aliya Parties'
motion for judgment as a matter of law as to CTB's claims
for Lanham Act violations, trademark infringement under
Nevada common law, and breach of fiduciary duty. (Doc. No.
603 at 1-2.)
April 14, 2017, after hearing the evidence, the arguments of
counsel and the instructions given to the jury, the jury
retired to consider its verdict. On the same date, the jury
returned its special verdict by way of answers to the
questions propounded to it as follows:
Breach of Contract Claim
Comprehensive Toxicology Billing, LLC ("CTB")
proved its claim against Aliya Medcare Finance, LLC
("Aliya") for breach of contract?
Answer "yes" or "no"
answer is "yes", please answer Question No. 2. If
your answer is "no", please proceed to Question No.
Aliya proved its claim against CTB for breach of contract?
Answer "yes" or "no"