Convergent Mobile, Inc. v. JTH Tax, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 CONVERGENT MOBILE, INC., Case No. 4:19-cv-06484-YGR

Plaintiff, RULE 52 ORDER AFTER TRIAL ON THE

MERITS

v.

JTH TAX, INC., Defendant.

JTH TAX INC., Counterclaimant, v.

CONVERGENT MOBILE, INC., Counter-Defendant.

16 This case arises out of an alleged contractual breach eighteen (18) months into a three-year commercial agreement. Resolution of the case centered on the allegation of defendant and counterclaimant customer JTH Tax Inc. dba Liberty Tax Service (“JTH”) that plaintiff and counter-defendant developer Convergent Mobile, Inc. (“Convergent”) failed to perform material aspects of a Master License Agreement (“the MLA”) and did not timely cure. Additional issues included whether JTH provided proper notice of the breach and which party, if either, properly terminated the MLA. Convergent seeks payment of the balance due under the three-year MLA and attorneys’ fees. JTH countersued for damages based…