Sector 10 v. Myers CA1/1

INTRODUCTION

Plaintiffs Sector 10 Inc., Sector 10 Holdings Inc., and Sector 10 Services USA Inc. (Sector 10) appeal from a judgment in favor of defendants Jason Myers (Myers) and Bank of America, N.A. (the Bank) after the court granted their motions for summary judgment. The underlying dispute arose out of a failed debt to equity conversion deal between Sector 10 Holdings, Inc. and Mariennie & Associates, Inc. (Mariennie). Sector 10 claims Myers, the protective services manager of the Bank, induced Sector 10 to contract with Mariennie by misrepresenting it was a prerequisite for any contract with the Bank.1 We affirm the summary judgment.

1 Neither Mariennie, nor its principal Jerry Bacal or any other Bacal-related entities, were named as defendants in this action. Bacal’s last name is sometimes spelled “Bacall” by the parties. We refer to him as “Bacal.”

PROCEDURAL AND FACTUAL BACKGROUND

Sector 10’s Communications With Myers Sector 10 described itself as a company “focused on developing patented, breakthrough emergency and first-responder technology to minimize the damage caused by catastrophic events.” It alleged its “PLX-3D software [was designed to] track[] and…