Four months after Spamer filed suit alleging that surviving partner Vance had once again been engaging in “unlawful activity” and “acts of embezzlement” totaling over $500,000, Los Angeles Superior Court Judge Michael Linfield last week officially granted a preliminary injunction against the latter partner.
“The Court concludes that Petitioner has shown a probability of prevailing on the
merits of its claim that Respondent breached his duty of loyalty to KSV (Krengel, Spamer & Vance LLC) and that Respondent will be dissociated as a result,” said the June 30 minutes of hearing that day in DTLA (read it here.) Listing an extensive timeline and provided evidence, the LASC judge stated that Spamer’s filings “demonstrates that Respondent likely breached his fiduciary duties to KSV by embezzling funds, taking clients and employees, and setting up a competing company.”
Along with “an undertaking of $50,000.00” in anticipation of damages for Vance, the ruling essentially closes the Domain door on Vance, at least for the time being.
“Respondent does not show how the requested relief will result in prejudice to him,” Judge Linfield noted. “For this matter, if Respondent prevails, Petitioner will either buy out Respondent or KSV will be dissolved and if Petitioner prevails, Respondent will be dissociated. In either circumstance, Respondent will no longer be with KSV. Therefore, the requested injunctive relief will maintain the status quo while the parties determine the details regarding Respondent’s departure from KSV.”
As Deadline reported, Spamer’s heavyweight lawyers at Greenberg Glusker Fields Claman & Machtinger LLP in March filed a petition, in which Spamer wanted a court order that would see Vance “removed as a signatory on both of Petitioner’s bank accounts” and all aspects of their mutual business. As a part of that severing, Spamer also sought Vance “disclose to Petitioner all negotiations and agreements with clients and all agreements negotiated on behalf of clients.”
At the time Vance, who has launched a new talent agency, Realm, called Spamer’s claims “false” and said that they “will be dealt with by my lawyers in due course.”
In a statement today, Vance said to Deadline, “This is simply a preliminary ruling as the judge has not reviewed the evidence in the case. Melisa and I parted ways 5 months ago and with the successful launch of Realm, I continue to wish her the best on her future at Domain.”
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