Advantage on Call, LLC v. Monrovia Unified School District, Butler County Common Pleas Case No. CV 2015 03 0718
Oct 30, 2015OUTCOME: Advantage ultimately settled the sanctions claim for more than Monrovia's pre-dismissal demand.
In the zealous representation of his client while his motion to dismiss for lack of personal jurisdiction and improper venue in this breach of contract case was pending, Mr. Jacobs discovered that Adva ... ntage had supplied an individual to the District who was not licensed as she needed to be pursuant to the parties' staffing agreement. Mr. Jacobs confronted Advantage with this information, making a demand for attorneys' fees to settle the case even before a hearing on the motion to dismiss was held. Advantage foolishly rejected the demand. Michael continued pursuit of evidence that the staffer supplied to his client was not licensed. He confronted Advantage again with the additional evidence and with a new higher demand while the motion was still pending. This demand was also rejected by Advantage. Ultimately, Mr. Jacobs was successful in getting the case against his California School District client dismissed on lack of personal jurisdiction and venue grounds. Mr. Jacobs then filed a motion for sanctions under R.C. 2323.51 and Civil Rule 11 given Advantage's failure to negotiate to settle his client's attorneys' fees claim.
