Carimati di Carimate v. GinsGlobal Index Funds

2009 WL 3233538 (2009)

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Carimati di Carimate v. GinsGlobal Index Funds

United States District Court for the Central District of California

2009 WL 3233538 (2009)

Facts

Carimati di Carimate (plaintiff) signed a Memorandum of Understanding (MOU) with GinsGlobal Index Funds (GinsGlobal) (defendant). Subsequently, the parties exchanged emails purporting to amend the terms of the MOU. Carimati di Carimate proposed via email that the parties would share future earnings equally. Ginsberg of GinsGlobal responded, “Yes I agree with your comments re splitting all future initiatives.” Carimati di Carimate brought suit seeking to enforce the agreement to split future revenues evenly. GinsGlobal filed a motion to dismiss, arguing that any agreement reached via the email exchange was invalid under the statute of frauds because it was not sufficiently definite.

Rule of Law

Issue

Holding and Reasoning (Matz, J.)

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