Iwakiri
Iwakiri v. Ewing (In re El Camino Press)
Opinion
Lead Opinion
Seymour, J.
MEMORANDUM OF DECISION DENYING PLAINTIFF’S FIRST AMENDED COMPLAINT
INTRODUCTION
This adversary proceeding was filed on April 9, 1982, by plaintiff Brooks Iwakiri. The Complaint alleges breach of contract, breach of warranty, interference with prospective advantage, and interference with contractual relationship. Plaintiff named as defendants Carol Ewing, Executrix of the Estate of Harry Engelson, Lloyds Bank, J. Ridley Lewis Co., Carlyle Michelman, Trustee in the bankruptcy case at bar, and Robert H. Stopher, Trustee in the bankruptcy case of Hamilton Equipment Leasing Corporation (Case No. SA-80-03330 AP).
Plaintiff alleges in his Complaint that he had a contract with the defendants to purchase a 12-pocket Muller-Martini Gathering Line (hereinafter referred to as “pockets”) and that the defendants subsequently breached the contract by failing to consummate the agreed-upon sale.
Iwakiri contends also that because of defendants’ intentional interference, he was unable to consummate a resale of the pockets to Real Times Systems (RTS), allegedly resulting in lost profits to him in the amount of $30,000.
FACTS
1. On June 20,1980, in the matter of El Camino Press, a California…