Beckett Amends Complaint In Contract Dispute, Judge To Decide
On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Tuesday, August 26, 2014.
When working within the court system, it is important to make sure to follow the correct legal procedures. Failure to do so can result in serious legal consequences in California or in any other state. For example, the initial complaint filed in court in a contract dispute is important. Any mistakes in the initial complaint can be damaging and can seriously lower one’s chances of prevailing.
This may have been what happened with sports card price guide company Beckett in its lawsuit against COMC. The company sued COMC for allegedly misappropriating trade secrets, which reportedly included checklist data as well as pricing. The defendant responded with a counterclaim alleging breach of contract and abuse of process. The litigation process seemed to stall for a significant period of time while the two parties debated about which court should have jurisdiction over the case.
However, after it was decided that the case would proceed in state court rather than federal court, Beckett decided to attempt to amend its complaint in a motion filed with the court. The plaintiff is attempting to also add its own breach of contract allegation to its original complaint. Since Beckett did not include this allegation in its initial complaint, it will now need permission from the court in order to add this claim. Some legal commentators believe this was a mistake on the plaintiff’s part.
Those who wish to avoid being in this type of situation during a contract dispute or any other court case will need to fully map out their legal strategy before deciding which allegations to include in the initial complaint filed with the court. Also, along with the initial complaint there are various other aspects of court procedure which could prove to be critical in a case in California or any other state. Therefore, attention to proper legal procedure should be a part of any litigant’s strategy.
Source: The Carboard Connection, "Beckett Accuses COMC of Breach of Contract", Paul Lesko, Aug. 21, 2014