Brian Horowitz v. Darrell W. Gibby
Opinion
Trial Court Opinion
I. Background
Plaintiffs initiated this action in Orange County Superior Court on May 15, 2023. (Dkt. 1-1 (“Compl.”).) In the Complaint, Plaintiffs allege that Plaintiff Brian Horowitz, Creative Outdoor Distributor LLC, and Bam Brokerage, LLC hired Defendant Gibby Law Firm to enforce their intellectual property rights. (Id. ¶ 16.) Plaintiffs allege Defendants engaged in various forms of misconduct during the course of their legal representation, including failing to comply with California Rules of Professional Conduct Rules 1.8.1 and 1.7, advise Plaintiffs of the terms or repercussions of various agreements, and disclose conflicts of interest. (See, e.g.,
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01086-FWS-JDE Date: November 21, 2023 Title: Brian Horowitz et al. v. Darrell W. Gibby et al.
id. ¶¶ 23-61.) This misconduct caused Plaintiffs to be embroiled in several lawsuits regarding the terms of the agreements and suffer damages. (See, e.g., id. ¶¶ 62-70.)
Based on these allegations, Plaintiffs assert four claims for relief, including: (1) breach of fiduciary duty; (2) professional negligence; (3) unfair…