Passante

Passante v. McWilliam

Good Law
1997 Cal. App. LEXIS 238·53 Cal. App. 2d 1240·53 Cal. App. 4th 1240·62 Cal. Rptr. 2d 298·97 Daily Journal DAR 4304
Court of Appeal of CaliforniaMarch 27, 1997G014752California3,489 words

Opinion

Opinion

Sills, J.

As someone once said, if you build it they will come. And by the same token, if you make a baseball card that can’t be counterfeited, they will buy it. Which brings us to the case at hand.

In 1988 the Upper Deck Company was a rookie baseball card company with an idea for a better baseball card: one that had a hologram on it. Holograms protect credit cards from counterfeiting, and the promoters of the company thought they could protect baseball cards as well. By the 1990’s the Upper Deck would become a major corporation whose value was at least a quarter of a billion dollars. Collecting baseball cards, like baseball itself, is big business.

But the outlook wasn’t brilliant for the Upper Deck back in the summer of 1988. It lacked the funds for a $100,000 deposit it needed to buy some special paper by August 1, and without that deposit its contract with the major league baseball players association would have been jeopardized.

The Upper Deck’s corporate attorney, Anthony J. Passante, Jr., then came through in the clutch. Passante found the money from the brother of his law partner, and, on the morning of July 29, had it wired to a company controlled by one of the…

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