A San Diego, California resident engaged in the entertainment business is not a necessary party to a lawsuit over a failed concert of the English reggae and pop band UB40 in Guam and Saipan in 2015, according to the owner of a local entertainment company.<\/p>\n
Steven Brownstein, owner of Steven Brownstein Entertainment, said a plaintiff is not required to sue all of the conspirators since coconspirators are jointly and severally liable for all damages caused.<\/p>\n
Based on this, an absent co-conspirator is not a required party under the Federal Rules of Civil Procedure, said Brownstein in explaining why he did not include Fredrick Holloman as a defendant in his amended lawsuit.<\/p>\n
Holloman, a resident of San Diego, was engaged in the entertainment business through an entity known as Shae Entertainment Management in La Jolla, California.<\/p>\n
In April 2017, Brownstein sued Jason H. Aldan and Holloman and 10 unnamed co-defendants for allegedly defrauding his company of $115,000 by misrepresenting to have the UB40 perform in Guam and Saipan in 2015. <\/p>\n
Brownstein was unable to serve Holloman with process in the original lawsuit. <\/p>\n
Last November, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Brownstein\u2019s two claims of fraud and unjust enrichment against Aldan. <\/p>\n
Last January, Brownstein filed his first amended complaint.<\/p>\n
The amended complaint had the same causes of action in the original case\u2014fraud and unjust enrichment\u2014against Aldan and 10 unnamed co-defendants. It contains more details, but removes Holloman as one of the defendants.<\/p>\n
Brownstein, through counsel Steven P. Pixley, asked the court to hold Aldan and co-defendants liable to pay him unspecified damages.<\/p>\n
Aldan then filed a motion to join Holloman in the lawsuit as a necessary party.<\/p>\n
In Brownstein\u2019s response to the motion, Pixley said Aldan\u2019s argument runs counter to the longstanding principle that joint tortfeasors need not be joined in one action.<\/p>\n
Joint tortfeasors refer to two or more individuals whose negligence in a single accident or event damages another person. <\/p>\n
Pixley said Aldan acknowledges that Brownstein\u2019s claims are legally grounded upon an alleged conspiracy between Aldan and Holloman.<\/p>\n
Indeed, Pixley said, this conspiracy allegation is expressly alleged in Brownstein\u2019s first amended complaint.<\/p>\n
Pixley said Brownstein, however, does not dispute that Holloman\u2019s joinder is feasible as argued by Aldan in his motion.<\/p>\n
In citing the background of the case, Pixley said Aldan met with Brownstein on Saipan in May 2015, in which they discussed the promotion of a performance by UB40 on Saipan and Guam.<\/p>\n
Aldan agreed to put the deal together. Aldan introduced Brownstein to Holloman. Brownstein never met Holloman face-to-face. <\/p>\n
On June 2, 2015, Brownstein entered into a contract with Holloman to provide various services relating to the performance of UB40 on Saipan and Guam.<\/p>\n
Brownstein wired the sum of $75,000 on June 2, 2015, to Holloman. <\/p>\n
At a conference call on July 21, 2015, with Holloman, Aldan, and one Mark Lamica to discuss the concert, Aldan allegedly represented to Brownstein that he would need to send an additional $37,000 to Holloman.<\/p>\n
Brownstein wired $37,000 to Aldan\u2019s account in Hawaii. Aldan allegedly wired these funds to Holloman.<\/p>\n
On Jan. 26, 2016, Brownstein learned that the funds to secure UB40\u2019s performance had not been paid. Pixley said Aldan was evasive when asked about this.<\/p>\n
In his motion to dismiss the claims against him, Aldan, through counsel Robert T. Torres, asserted that Brownstein has not alleged any facts to show that he benefited.<\/p>\n","protected":false},"excerpt":{"rendered":"
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