Los Angeles, CA – Cabada & Hameed LLP, the law firm founded by big firm veteran attorneys Francisco Cabada and Sayema Hameed, recently obtained a substantial victory for one of its business clients, enabling its client to regain possession of product worth approximately $200,000.
This matter, handled by partner Sayema Hameed, presented numerous procedural hurdles as well as an extremely obstinate opponent. Nevertheless, Ms. Hameed successfully navigated these challenges and achieved the end result desired by her client, without the heavy costs associated with big firms.
In March 2010, Power Beverages, LLC (“Power Beverages”), a beverage company based in Greenville, South Carolina, retained Cabada & Hameed LLP in connection with a dispute concerning the rightful ownership and possession of its primary asset, 1288 cases of a beverage product worth $200,000. At that time, the managing member of Power Beverages had just discovered that the company’s minority member had taken possession of the product, without the managing member’s consent or knowledge, and had shipped the product from its point of origin in Oregon to a warehouse in Los Angeles, where the beverage was being secretly held. This is where Cabada & Hameed stepped in.
On March 10, 2010, Cabada & Hameed filed a complaint in Los Angeles Superior Court on behalf of Power Beverages against the minority member and his cohorts. The complaint alleged conversion of the product and intentional interference with contract and sought both declaratory and injunctive relief. On the following day, Ms. Hameed went into court ex parte and obtained a temporary restraining order preventing the defendants from taking any further action with respect to the beverage product, including selling, distributing or moving the product. Ms. Hameed also obtained an order to show cause why a preliminary injunction should not issue against the defendants.
The defendants fought back by filing a cross-complaint against Power Beverages and its managing member. However, on April 28, 2010, Cabada & Hameed obtained a major victory when the court granted Power Beverages’ application for a preliminary injunction and prohibited the defendants from taking any further action with respect to the product for the remainder of the action.
In its April 28 ruling, the court also ruled that Power Beverages was likely to prevail in proving that the product rightfully belongs to it and that the defendants had no authority to take possession of the product in Oregon and have it shipped to California.
The preliminary injunction was the catalyst that enabled the parties to reach a resolution of their dispute. Thereafter, the parties entered into a stipulation for entry of judgment and permanent injunction against the defendants. Upon application for entry of judgment and permanent injunction prepared by Cabada & Hameed, on August 5, 2010, the Los Angeles Superior Court entered judgment in favor of Power Beverages and ordered, adjudged and decreed that: Power Beverages is the sole and complete owner of the beverage product stored in Los Angeles; the defendants are permanently enjoined from taking any further action with respect to the product; and the defendants must take all measures necessary to enable Power Beverages to take complete possession and control of the product.
The court’s August 5, 2010 Judgment gave Power Beverages the authority to finally take possession of its product and have it shipped out of California to its proper destination in South Carolina. Cabada & Hameed achieved the desired end result for its client, and Power Beverages’ managing member now has the peace of mind of knowing that the company’s product is back where it belongs.