Avi Nakash, Joe Nakash, and Ralph Nakash v. Georges Marciano, Maurice Marciano, Armand Marciano, Paul Marciano

Good Law
882 F.2d 1411
United States Court of Appeals for the Ninth CircuitAugust 23, 198988-5953California3,162 words

Opinion

Opinion

Sneed, J.

The Nakashes appeal the district court’s order staying federal proceedings under the authority of Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 , 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976). We affirm.

I.

FACTS AND PROCEEDINGS BELOW

This proceeding is just one of many filed between these litigious parties. The Na-kashes (collectively referred to as Nakash) own Jordache Enterprises, a clothing designer and manufacturer. The Marcianos (collectively referred to as Marciano) are the founders of Guess?, Inc. (Guess), another clothing designer. In July 1983, Marciano executed a stock purchase agreement and sold a fifty-one percent interest in Guess to Nakash. The relationship of the parties deteriorated rapidly. In December 1983, Marciano sued in California federal court to have the purchase agreement rescinded. This action was settled and ultimately dismissed with prejudice in January 1984.

In November 1984, Marciano filed another complaint in California state court. See Marciano v. Nakash, No. C524347 (L.A. Sup.Ct. Nov. 1984). The suit involves numerous parties, including the present parties as well as numerous corporations and subsidiaries wholly or partly…

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