Bird Marella principal Elliot C. Harvey Schatmeier, along with Cole Schotz, P.C., won a judgment in favor of their client Young America Capital LLC (“YAC”) in a business tort lawsuit brought against YAC in California Superior Court. The plaintiff, Plan B Management, Inc., alleged that YAC interfered with its joint venture with Diversified Panel Systems (“DPS”) to manufacture and sell indoor grow facilities and panels in the cannabis industry by shopping DPS for sale without Plan B’s knowledge. The Honorable Benjamin Coats agreed with Bird Marella’s arguments that Plan B’s complaint failed to allege that YAC’s actions intended to (or did) disrupt the joint venture or that YAC damaged Plan B. Judge Coats then concluded that Plan B’s claim against YAC failed as a matter of law.
Judge Coats granted Bird Marella’s motion to dismiss—in a rare occurrence, without leave to amend—and dismissed the entire case with prejudice. Judge Coats entered judgment in favor of Young America on the firm’s first and only motion to dismiss.
