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.”

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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…