The California Court of Appeal affirmed a judgment of the Superior Court of Los Angeles dismissing with prejudice several fraud claims against a former executive of one of the largest restaurant companies in the world. 

Novack and Macey attorneys Donald Tarkington and Andrew Shelby represented the executive in an action brought by investors in a start-up company that tried to develop a television channel to broadcast curated content into the company’s restaurants over the internet. The start-up failed to develop the channel, and the investors allegedly lost their entire investment. The investors sued Novack and Macey’s client, among others, alleging that he made fraudulent misrepresentations that induced them to invest and that he participated in a scheme to steal the channel. The Superior Court granted Novack and Macey’s motion to dismiss and entered judgment in favor of its client. The Court of Appeal affirmed that judgment. 

On May 21, 2018, after extensive written discovery and over 20 depositions, the trial court entered summary judgment on all remaining counts in the case against our client and the former executive still in the case. With this ruling, the trial court proceedings against our client and its former executive were terminated. 


Donald A. TarkingtonAndrew P. Shelby