Pecanic
Pecanic v. Sumitomo Elec. Interconnect Products CA4/1
Opinion
Opinion
I.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
A. Parties
Pecanic resides in Orange County, California. His relationship with defendant
SEIP began in 1991 and ended in 2010. The nature of the various relationships between
Pecanic and SEIP is at the core of the dispute between the parties.
SEIP is a California corporation engaged in the business of manufacturing and
supplying electrical components for use in military and civilian aircraft. Components
SEIP manufactures include the Crimp Splice (CS) and the Solder Termination Sleeve
(STS) range of products.
On July 6, 2004, Pecanic signed a first sales representative agreement (FSRA)
with SEIP. Pecanic signed as "CEO" of Aerotech, although Aerotech was just a fictitious
business name and not a corporation. Under the terms of the FSRA, Pecanic agreed to
act as the sales representative for SEIP in a designated territory. SEIP agreed to pay
Pecanic a commission on sales of its products. The FSRA also expressly contemplated
that Pecanic would provide SEIP engineering advice and consultation. Either party could
terminate the contract on 30-days' notice. The FSRA also contained an integration clause
2 which merged into…