LOS ANGELES, Calif. – SKIERMONT DERBY LLP today secured a complete appellate victory on behalf of its client, software professional Bryan J. Roberts, in his lawsuit against former casino magnate Eric G. Swallow, Profitable Casino, LLC, and Secure Stone, LLC.
The decision from the Second District Court of Appeal, Division Two, reversed and remanded a trial court order dismissing Roberts’s complaint on the grounds that his claims contradicted a separate software services agreement between himself and Defendants. The Court of Appeal rejected this theory, holding that Roberts’s claims were well-pleaded, not contrary to the separate contract, and timely. SKIERMONT DERBY substituted into the case late in the pleading stage and led Roberts’s efforts on appeal. The case is now back and pending before the Superior Court of California, County of Los Angeles.
In his complaint, Roberts alleges that he developed valuable management and related software that he and Swallow together sought to market to California casinos; Swallow, unbeknownst to Roberts, licensed Roberts’s software to multiple clients, generating millions in fees that were neither disclosed to nor shared with Roberts. You can read a copy of Roberts’s operative complaint here.
The case is Roberts v. Swallow, Los Angeles Superior Court Case No. BC603331. You can read the Court of Appeal decision here.