Clericuzio v. Demos Unlimited

Plaintiff brought an action against the defendant clients which included two of the general partners and the partnership for beach of contract, liquidation of the partnership and for an accounting. The plaintiff sought $850,000 for her capital account and monies she claimed the partnership owed to her. The defendant cross-complaint against the plaintiff for breach of contract, fraud, breach of fiduciary duty and for an accounting. Defendant client alleged that the plaintiff had stolen partnership assets when she managed the partnership business, she had paid her children as employees when they did not work at the business and the plaintiff had side transactions with clients of the partnership and pocketed the money.

The defendant was required to obtain restraining orders and injunctions against the plaintiff to preclude her from taking any more money out of the partnership bank account and to seize the partnership's offices which the plaintiff had unilaterally seized.

The case was referred to JAMS for arbitration before the Honorable Leon Savitch (retired). Judge Savitch after a two week arbitration awarded the plaintiff nothing on her complaint after off setting against her capital account all the monies she had converted, he awarded the other remaining defendant partners which we represented who were operating the business full and complete ownership of the business which award had a value of $170,000.