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CMP

ComplaintFiSed
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GENERALALLEGATIONSf
M
zw'

the phrase

azt'

all

tithes relevanL hliiiih

0.1

at

533-

times

A
m

'alleged in this Complaint.

a:

Plaintif

theneinaftrPiaintiff)
was at all times relevant herein an individual over the age o l8
apdhgst all tihes relevant to this actiod resided in the
2,

2:3".

BRYAN Ge

"Defddt MICaAEL

Wm

GOGUJEN

iiireinaiftif BOWEN 6r

iDdiVidal Qviih age of 18 ad at all times

herein mentioned was ah ididl ieSiding Eh the Geuhty ofis
Matem State of Cailiifgrnia:Defendants~DCB l through~Does SD, inclusivev are sned
:4m
The true name or capacities,
<herein under fictitious names.
Qheher idiiuaiv :cozpekate; iassociate or otheise;:f
thrbugh 30, inclusive, :are sunknowni :t:o:Defendants! DOES.
Piaintifz Who therefore 5398 said Defendan sby subh fictitious
Plaintiff is ifbrm d and believes and based thereon
names.
Dedht)

is

1-

that Plaintiffs injutie-dtdamges hii alled WEe

legailly gausd by. their: conduct. gPIifltiff Will ameno thS
COmplaintQ if neCessary, to show-their-true names and capabities
when the same have been asceriained,
and

5.

~alleged by

subject

and
b)

CA

N]

to

against Defendant are in excess of

matter

is

otherwise

within

41)

[\D (fl

'
s;

C.)

O O

this courts

jrisdicigh6;

LI]

Plaintiff

Venue

is proper in this $durt

under Code

of CiVil

Procedure,(C;C.P.) 395(a) because the damages alleged_in this

Complaint arise from personal injury that occurred in this County
and Defendants reside_in the'County, and the contract was.entened

in to in the County;
0.00

STAiEMENT

7.

0
11

Rlaintif firSt

met

or

FACTS'

GOGUEN

in 1994, and they

became

friends;

12

81

GQGUEN

had graduated from

cornetl UniveISity in

1986

27

in electriCal engineering and graduated J.rrom

'Stanfcrd University with a Masters degree in the same field;
9. As~Plaintiff andOGUENs friendship developed, they
became family friendS' and had many joint family gatherings
together; Their'families weuld spend time together vacationingn
.and going to LakefTahoe,-mduntain biking together, and exercising
together, among other things. The Plaintiff.and the Defendant
eventually had a falling out.
10: In or arodnd April of 20l6( the Plaintiff stated to
the Defendant that be was going to consult With an attorney to
~3e what legal rights he had that Culd address the wrangs that
'he felt had been done tbhim.by GQGUEN.
GDGUEN stated that he
-did not think that was necessary; but rather they could just ccme
to.an agreement to address these wrongs, and other issues, and
.suggested that they work together with an attney. Plaintiff

28

and

13

14

16:

17
18

19

20
21

22
23
24
25
26

with

degree:

GOGUEN

diSCuSSed.a business agreement with

Plaintiff,

:3:
PLAINTLFES COMPLAINT

FOR DAMAGEx

whereby=

l\)

UIAUJ

Plaintiff'would'provide~services for GOGUEN'inCluding7 public

relations, and also for asset management at no cost. Plaintiff
~wa$ 31 expezihsed asset managers
Plaintiff also wanted to
*addes$ their past :a111.g out, .and beliVed thdsgh this
buSiness~arrangement, they~Could rebuild their iriendShip.
11. On April 13, 2016; Plaintiff and GOGUEN met in person
to further discuss the terms Qf a proposed~business agreementh
that was subsequently titled Consulting Agreement. They agreed:
to some preliminary terms in principle wherein GOGUEN would wire
transfer money .to Plaintiffs bank account in exchange. for
VariOus things to be perfdrmed by Plaintiff. They alSo agreed to
use an attorney to help review the terms, and draft the contract
between the~partiesu
12 0n Apr11 16: 2016

with aSSiStanbe ffom the mutually

Plaintiff

agreed upon attorney,

and.GOGUEN began

drafting the

for the Consulting Agreement. In a nutshei_, the initial

terms were for a benefic1al Euture rtlaLWOnst on a: business and
personal level, and provide other unrelated professional and
personal assistance to GOGUEN, in exchange for the payment of $19
million dollars It was Plaintiff45~intention that GCGUEN would
terms

be~paid baCk the

13;

aey

However,

that

Was

the, terms

to be wired to

Plaintiff.

of the agreement between the

revisisns. In its final form,

In its Einal and
GQGUEN Submitted the terms or the contract.
agreed 11a form, Plain-tiff would, agree not. {:19 ton and. to do many
things that are enumerated'in the final agreementi as attached

parties

went through numerOus

hereto,
14.

Plaintiff

reviewed~the revised terms of the contract

W4.
PT-AINTIFF'S COMPLATNT

FOR DAMAGES

-w1th
N

theizgmutually.agreed.upOn attorneyf and.upon the advice and

cpasultation
Isined

w1t_h

the contract

the attorney

bYPlaitiff'n Apri1'21

was executed and

2065 seesaw was they informed%

43.94

U\

Ekhibits A, B, C1 0 and E# are the fist,~subsequen ahdinal

~drafts of the Consulting Agreement. EXhibit E is the Agreemet.
that was: signed. by ~Plaintiff. -Upcn 'learning cf< laiutiffis
exeCution'of said agreement/CQHtractv GGGUEN stated he had also
complied with his obligat1one in the contract by stat1 1m
wr1t1ng, and thereby ret1fy1ng the cOntract that he was hol ding
niSIed of the agreement.
15} On April 22,-2016, GOGUFN sent a text to Piaihtiff
StatingVNow that ITve held p my end,- ano Im countlng oh yQu to
*as

ihdld up yours,v Attachce hereto and marked as Exh1b1t F is a

=copy of the text-message
In additEon; GOGUEN initiated a wire

transfer of

$15

m1'l1on doll_ars to Pla1nt1ffs bank account in

55

Flaccordanre w1th the terms

:GOGUEN

also sent

the_1r

02f

Qritten

and s-igned

iopy Cf the Wire4Confirmation to

contract

Riaintifit

to prQVe-to Plaihtiff that he GoGuEN, did in fact hold

up his end of the GOnsulting Agreement? and that he was agreeing
terms 'of the. Cdtractj and ratifyxng the. contraCt,
e the

\So as

Exhibit'i$~a

Attachd ner5 and marked as

copy

of the Wire

transfe gopirmatio. Howeer, thQeatr, before the funds

were deposited thr the wire; trfet5 GOGJER ithhlq, 5r
reVOked

it.

Inspite

Of

this,

.Apnil 27, 2016; 01 far-the

\Agteementm

that the-money

GOGEENQntiued5Q nepresent tHrQ

days

was

being wired:

PLAINT

FFS

following the execution-Of the

5 ~

COMDLAINT FOR DAMAGES

FIRST CAUSE OF ACTION

BREACH OF

|\)

16.

DJ

L
'm

u
m

\0

cenrRACi

?}eintff indopperates

by reerence each and every

pazqgrap referenced aboveras though fu;1y set forthChereinu

0: abOUt April 21, 20151 Plaintiff and GOGUEN

entered into a binding contract, titled CQnSQlting Agreement,
(attached as Exhibit E) wheein amohg other thig, Plitff
would agreed to do_and not to do certain things and GOGUENK in
exchange, agreed to :85: payment of '315 miiiiongidoilars to
Plaintif. Plaintiff hascomplied with all of the duties and
obligations required of him pursuant to said Centract.
17.

18.

On

Plaintiff.signed the

agreement with-GOGUEN~and'held.up

his part of the aqreement. The defendant represented that hewas

in agreement with his ob;igetions1.and Stated_in writing that~hewas holding mphis SEQ Of the agreement/contract;
with Elaintit
by .fa\if1i,\ngt<21$a Plaintiff the agrd bison. sits million; doiiari
via wire transfer as agreed upon. This was in spite of the eet
that,GOGUEN stated in a text thet.he had held-up [his] end of
the agreement, and stated in numexous text messages to Plaintiff
that the.m0ney was being wired, and in fact had been wired
20. Plaintiff was damaged as.a reSult of GOGUENS breach.
of conttactu'The total amOunL of BiaintifffS~damages due to this
19. Howeverk GQGUENbresched the Contect

preach

is

$15,00G;QOO.

The'total
proof at nial.
21.

emennt

of Plegntiffs

damages

is subject tb

PRAYER FOR RELIEF

.WUEREEORE,

Plaintiff

for
6..

prays
._

judgment against Defendant

PLAINTIPEnS COMPLAINT OR BANAGES

5:

N
b.)
.

asvfollows:

2:

U!

3.

\l

00

in

attorneys fees as authorized by law;

For costs of suit and all other recoverable costs

as

of compensatory

damages

in

excess of $l5,000,000;

C\

an amount

For an award

1.

For

authorized by law; and,

4.

For

such~

relief

other

as

the

COurt

may

deem

appropriate.

\O

>-a

DATE; November

irr

2016

ProfeSsaonaporporatIon

""

rl

I
'By;

,.....

.I

/\\\'//5\
JEXMORRELL III
g

Attorney
BrYan G.

LII

\Iis

RIVERS
ISAAC Y. giM
ALAN c. EROWN

La)

us

vI

0F RIVER? J. MORRELL

LAW FIRM

for Plaintiff,

W-

NASH

ON

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24'

.17..
PLAINTIFFS COMPLAINT FORDAMAGES

III
'