Abedi

MEMORANDUM **

Anahit Abedi (“Abedi”) became a sales representative for Kobo Products, Inc. (“Kobo”), a manufacturer and distributor of raw materials for cosmetics, in late 1994 or early 1995. The business relationship ended in July of 1998 upon notice supplied by David Schlossman (“Schlossman”), President of Kobo.

In December of 1994, Abedi and Schlossman met in New York to discuss the formation of a contract. No written contract was ever entered into because of the parties’ disagreement over terms. On February 23, 1996, Schlossman transmitted to Abedi a commission schedule, which Abedi again stated was not reflective of the agreement reached. Abedi was paid commissions in accord with the commission schedule; the payments were made February 23,1996; April 23,1996; May 31,1996; July 17, 1996; August 1, 1996; and October 2, 1996. On October 2, 1996, Abedi questioned Schlossman about the commission checks. In addition, Abedi alleges that in 1997 Schlossman promised he would reimburse her for commissions arising out of sales to Utah NuSkin if she *98 could prove that she developed the account for Kobo.

On December 29, 1999, Abedi filed a complaint in California state court setting…