Kibler Fowler & Cave’s Entertainment and Intellectual Property Litigation practice group obtained a $752,547.15 award (including interest) in favor of its client following a one-day bench trial in Los Angeles Superior Court before the Honorable Mark A. Young. The KF&C Team represented actor, writer, and producer Corey Large against his former business partner, Alan Pao, in a single cross-claim for breach of implied contractual indemnity. This is the fourth case that Kibler Fowler & Cave trial teams have taken to final verdict, decision, or arbitration award already in 2023.
The total judgment consisted of $525,000 in damages resulting from Mr. Pao’s breach of implied contractual indemnity arising from an agreement to pay back a loan that was intended to fund several films, along with $227,547.15 in prejudgment interest.
During trial and in post-trial briefing, KF&C presented evidence showing that Mr. Pao agreed to pay a portion of a loan taken by Mr. Large to fund several films. Mr. Large alleged that Mr. Pao agreed to cover half the debt owed and to pay $5,000 per month until the debt was repaid, with payments to begin in July of 2014. KF&C argued that if Mr. Pao had started making the agreed upon payments that year, the loan would have been repaid in full by 2017 or 2018, rendering indemnification an appropriate remedy.
After a June 16, 2023 bench trial (and July 11 order) the Court found in favor Mr. Large, stating “the evidence presented established that Pao agreed to pay [the lender] $5,000 per month until the Loan was repaid … Since Pao failed, however, the Loan was never repaid resulting in Large agreeing to pay [the lender] an inflated amount that exceeded the original loan.” (See here for a copy of the Court’s order).
The KF&C trial team is comprised of Partner John Fowler, Senior Associate Kevin Cammiso, Associate Zien Halwani, and Paralegal Praveeta Garcia.
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