Susman Godfrey has secured a winning partial summary judgment ruling on liability on behalf of clients Thomas Downie and Peter Knoppert and their respective entities, Dowcar Metals, Inc. and PK Consulting LLC, in their lawsuit against defendants Samuel Scrivanich, Larry Scrivanich, Bridges West, LLC, and Workforce Modulars LLC. Plaintiffs’ claims are based the defendants’ refusal to honor an oral partnership agreement involving the reselling of assets valued at up to $66 million.
Plaintiffs entered into a contract to purchase unused portable housing modulars from TransCanada Keystone Pipeline LP, after TC Energy terminated the $9 billion Keystone XL pipeline project. Plaintiffs also entered into an oral partnership agreement with Defendants to jointly purchase the modulars, with the hope of earning millions of dollars in net profits upon resale. Plaintiffs claim that Defendants subsequently refused to honor the partnership agreement, wrongfully claimed the modulars as their sole property, and refused to share net profits from their resale.
In his ruling, the Honorable Paul Crisalli of the Superior Court of Washington for King County granted partial summary judgment in favor of Plaintiffs on their claim for declaratory relief and breach of contract claim, holding that a partnership existed, the purpose of which was to purchase and resell the modulars, the modular units were partnership property, and Defendants breached the partnership agreement. The Court also denied Defendants’ motion for summary judgment in its entirety..
“We are pleased with the Court’s ruling and proud to bring justice to Plaintiffs, who have suffered significant losses stemming from the defendants’ actions,” said Seattle Partner Rachel Black, who served as sole lead lawyer to Dowcar for the majority of the engagement. “We look forward to continue to seek justice through the trial to determine the damages our clients suffered.” Black was joined on the matter by first-year Associate, John Macy, who argued on behalf of Plaintiffs at the hearing. Says Black of Macy’s work, “Our associates regularly appear in court and play key roles in our most significant matters – John nailed the argument and contributed greatly to this winning result.”
The case is Thomas Downie, Dowcar Metals, Inc., Peter Knoppert, and PK Consulting LLC v. Samuel Scrivanich, Larry Scrivanich, Bridges West, LLC, and Workforce Modulars LLC, Case No. 22-2-09744-2 SEA in the Superior Court of Washington for King County. Defendants are represented by Perkins Coie.
