MATRIXSYNTH: Don Buchla Files Lawsuit Against BEMI - Buchla Electronic Musical Instrument, LLC et al

Wednesday, March 25, 2015

Don Buchla Files Lawsuit Against BEMI - Buchla Electronic Musical Instrument, LLC et al

via Justia Dockets & Filings

"Buchla v. Buchla Electronic Musical Instrument, LLC et al

Plaintiff: Donald Buchla
Defendant: Buchla Electronic Musical Instrument, LLC, Audio Supermarket Pty. LTD., Danny Olesh, Michael Marans, Lewis Chiodo and John Fuller
Case Number: 3:2015cv00921
Filed: February 27, 2015
Court: California Northern District Court
Office: San Francisco Office
County: Alameda
Presiding Judge: Elizabeth D. Laporte
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff"


Left is a screenshot of the "ORDER RE CITIZENSHIP OF PARTIES" available at JUSTIA Dockets & Filings. The full filing is not readily available however it was sent to me and I have read it in full. Below are the "GENERAL ALLEGATIONS" followed by the "PRAYER FOR RELIEF", which in legal speak is what the plaintiff, Don Buchla is requesting for the outcome. Note this is Don Buchla's side of the story. We do not have BEMI's. In short, the case pertains to BEMI not making good on agreements with Don Buchla. Buchla is claiming he was not paid what was agreed upon ("a minimum purchase price of $550,000" for the Buchla assets, "payment of $30,000 upon closing", "and to retain Mr. Buchla as Chief Technology Officer for a period of not fewer than two years at an annual salary of $96,000 for the first year and $108,000 for the second year"). Buchla claims the "defendants have paid Mr. Buchla less than $110,000", and he was subject to poor business dealings with BEMI including improper management of the company, its customers, and Buchla as an employee, namely the CTO, including wrongful termination.


"GENERAL ALLEGATIONS

A. The Buchla Story [this was background on Buchla history]
B. Defendants Induce Mr. Buchla to Sign an Unfavorable Agreement
C. Defendants Fail to Satisfy the Express Conditions Precedent of the Asset Purchase Agreement
D. Defendants Breach the Asset Purchase Agreement

1. Defendants Fail to Make Payments for Buchla & Associates
2. Defendants Fail to Account for the Sale of Music Easels
3. Defendants Fail to Make Rent Payments
4. Defendants Fail to Use Reasonable Business Efforts
5. Defendants Fail to Make a Good Faith Determination Regarding Mr. Buchla’s Availability

E. Defendants Breach the Employment Agreement
F. Defendants Attempt to Bind Mr. Buchla to Unconscionable and Internally Inconsistent Non-Compete, Right of First Refusal, and Right of First Offer Clauses"


"PRAYER FOR RELIEF

WHEREFORE, Plaintiff Donald Buchla prays for the Court to enter a judgment against Defendants Buchla Electronic Musical Instrument, LLC, Audio Supermarket Pty. Ltd., Danny Olesh, Michael Marans, Lewis Chiodo, and John Fuller, individually and in their capacity as corporate employees and shareholders, and jointly and severally, as follows:

A. For all available equitable remedies, including but not limited to:

1. declaratory judgment that there is no valid or enforceable contract;

2. an injunction and/or writ of replevin ordering Defendants to return the assets, intellectual property, confirmed purchase orders, and goodwill of Buchla & Associates to Mr. Buchla;

3. an injunction prohibiting Defendants from future use of the assets, intellectual property, confirmed purchase orders, and goodwill of Buchla & Associates and Mr. Buchla;

4. restitution to compensate Mr. Buchla for damages; and

5. disgorgement of Defendants’ unjust enrichment;

B. For money damages in an amount to be proven at trial, but at least $500,000;

C. For an accounting of payments made and owed to Mr. Buchla under the Asset Purchase Agreement and Employment Agreement;

D. For prejudgment interest from the date of breach as provided by statute;
E. For the costs of suit and attorneys’ fees incurred;
F. For exemplary and/or treble damages; and
G. For such other, further or different relief as the Court deems just and proper.

Dated: February 27, 2015"

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