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Wednesday, May 29, 2013 7:32:02 AM
NNLX investors: the following is a discussion of the Chris Novak lawsuit in California and the NNLX vs. Chris Novak lawsuit in Ohio...As I previously stated, Mr. Novak's case has no merit in my view as the following discussion illustrates... posted by an attorney I know who has reviewed the record and the filings:
[originally the lawsuit was for 600,000 but was reduced to 100,00]
"The lawsuit is ...for $100,000 plus interest and court costs. It is a simple breach of contract case. Chris Novak claims that NNLX failed to pay him the entire sum due under his retainer agreement. Novak has requested punitive damages but, if California law mirrors most other states, punitive damages are not recoverable in a basic breach of contract action. I can tell from the face of this suit that Novak has serious issues. First, he filed in California but he may have trouble keeping the venue in California. His retainer agreement that is attached to the petition contemplates that disputes arising from the contract will be resolved in Ohio, not California. And, second, Novak does not allege that he performed work and services to justify payment of the entire sum due under the contract. He just alleges that the contract was breached because NNLX failed to pay him the entire sum due under the contract. The contract states that it is terminable "at any time" at which time NNLX is liable for "the balance due ... for costs and services rendered to the time of termination." In other words, NNLX does not owe him the entire balance due under the contract if it terminates the contract; it only owes him for the sevices and costs provided throught the date of termination"
In addition the attorney posts on yahoo that NNLX, in Ohio, is requesting reimbursement for all costs from Mr. Novak, because Mr. Novak failed to disclose a conflict of interest to NNLX during the contract period. I personally discovered the conflict of interest and it was serious, certainly entitling NNLX to terminate its relationship with Mr. Novak. My view/opinion
As I also stated, apparently Mr. Novak did not read the contract before filing suit on the contract for he would have filed in Ohio as the contract requires AND his suit has no merit...A grave error in my view...
Parents
[originally the lawsuit was for 600,000 but was reduced to 100,00]
"The lawsuit is ...for $100,000 plus interest and court costs. It is a simple breach of contract case. Chris Novak claims that NNLX failed to pay him the entire sum due under his retainer agreement. Novak has requested punitive damages but, if California law mirrors most other states, punitive damages are not recoverable in a basic breach of contract action. I can tell from the face of this suit that Novak has serious issues. First, he filed in California but he may have trouble keeping the venue in California. His retainer agreement that is attached to the petition contemplates that disputes arising from the contract will be resolved in Ohio, not California. And, second, Novak does not allege that he performed work and services to justify payment of the entire sum due under the contract. He just alleges that the contract was breached because NNLX failed to pay him the entire sum due under the contract. The contract states that it is terminable "at any time" at which time NNLX is liable for "the balance due ... for costs and services rendered to the time of termination." In other words, NNLX does not owe him the entire balance due under the contract if it terminates the contract; it only owes him for the sevices and costs provided throught the date of termination"
In addition the attorney posts on yahoo that NNLX, in Ohio, is requesting reimbursement for all costs from Mr. Novak, because Mr. Novak failed to disclose a conflict of interest to NNLX during the contract period. I personally discovered the conflict of interest and it was serious, certainly entitling NNLX to terminate its relationship with Mr. Novak. My view/opinion
As I also stated, apparently Mr. Novak did not read the contract before filing suit on the contract for he would have filed in Ohio as the contract requires AND his suit has no merit...A grave error in my view...
Parents
