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RESOLUCIÓN DEMANDA OSCAR DE LA HOYA CANELO

RESOLUCIÓN DEMANDA OSCAR DE LA HOYA CANELO

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Published by: Revista Proceso on Sep 26, 2013
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05/15/2014

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IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDAGENERAL JURISDICTION DIVISIONCASE NO.: 10-25018 CA 31ALL STAR BOXING, INC.,a Florida corporation,Plaintiff,vs.SAUL ALVAREZ, an individual, and, GOLDEN BOY PROMOTIONS, INC., a California corporation,Defendants.ORDER GRANTING PLAINTIFFíS ALL STARBOXING, INC.íS MOTION FOR LEAVE TO AMENDCOMPLAINT TO ADD CLAIM FOR PUNITIVE DAMAGESTHIS CAUSE having come to be heard on Plaintiff All Star Boxing, Inc.ís Motion ForLeave To Amend Complaint To Add Claim For Punitive Damages (hereinafter ìthe Motionî),and the Court having reviewed Plaintiffís Motion, reviewed the file, having heard argument ofcounsel, and being otherwise advised in the premises, it is hereby,ORDERED AND ADJUDGED as follows:1. Florida Statute ß768.72 provides that in order for Plaintiff to be permitted to seekpunitive damages, a reasonable showing by evidence in the record or proffered by Plaintiff mustexist which would provide a reasonable basis for recovery of such damages.2. Florida Statute ß768.72 further provides that:A defendant may be held liable for punitive damages only if the trier of fact,based on clear and convincing evidence, finds that the defendant was personallyguilty of intentional misconduct or gross negligence. As used in this section, theterm:(a) ìIntentional misconductî means that the defendant had actual knowledgeof the wrongfulness of the conduct and the high probability that injury ordamage to the claimant would result and, despite that knowledge,intentionally pursued that course of conduct, resulting in injury or damage.(b) ìGross negligenceî means that the defendant's conduct was so reckless orwanting in care that it constituted a conscious disregard or indifference tothe life, safety, or rights of persons exposed to such conduct.3. In its motion, Plaintiff contends that it should be permitted to pursue punitivedamages against Defendant Golden Boy Promotions, Inc. with respect to its claim for tortiousinterference with contractual relationship.4. Florida courts have routinely permitted claims for punitive damages to proceed inrelation to claims for tortious interference with contractual relationship or business relations.See, e.g., James Crystal Licenses, LLC v. Infinity Radio, Inc., 43 So.3d 68, 78 (Fla. 4th DCA2010); Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc., 987 So.2d 706, 707(Fla. 4th DCA 2008); Hospital Corp. of Lake Worth v. Romaguera, 511 So.2d 559, 561 (Fla. 4thDCA 1986); Slip-N-Slide Records, Inc. v. TVT Records, LLC, 2007 WL 3232274, at *17 (S.D.Fla. Oct. 31, 2007) (upholding an award of punitive damages for tortious interference with anadvantageous business relationship and contractual relationship).5. Plaintiff has sufficiently provided this Court with a reasonable showing byevidence in the record or has proffered such evidence to support a reasonable basis thatDefendant Golden Boy Promotions, Inc. has engaged in ìintentional misconductî or ìgrossnegligenceî (as defined by Florida Statute ß768.72) such that a reasonable basis exists as to therecovery of punitive damages against Defendant Golden Boy Promotions, Inc.6. The evidence presented to the Court as to the tortious interference withcontractual relationship is sufficient to provide a reasonable basis to conclude that DefendantGolden Boy Promotions, Inc. had actual knowledge of the wrongfulness of its conduct and thehigh probability that injury or damage to Plaintiff would result and, despite that knowledge,intentionally pursued that course of conduct, resulting in injury or damage.7. Namely, Defendant Golden Boy Promotions, Inc. possessed knowledge of theExclusive Promotional Agreement, and the relationship that existed, between Plaintiff andDefendant Saul Alvarez, interfered with that contract and relationship by signing DefendantAlvarez to a promotional agreement, knowing that such interference would result in injury ordamage to Plaintiff. Despite such knowledge, Defendant Golden Boy Promotions, Inc.intentionally pursued its efforts in signing Defendant Alvarez to a contract, which resulted inPlaintiff suffering injury or damage.8. In addition, the Court was presented with a proffer of evidence pertaining to otherlawsuits involving Defendant Golden Boy Promotions, Inc. for the purpose of establishing thatDefendant Golden Boy Promotions, Inc. has engaged in a pattern or course of conduct ofinterfering with contractual rights of other professional boxers or promoters sufficient to providea reasonable basis to conclude that Defendant Golden Boy Promotions, Inc. was aware of thenature and consequences of its actions in this case and, nevertheless, proceeded with its actionsin this case.DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 09/25/13._____________________________ABBY CYNAMONCIRCUIT COURT JUDGEThe parties served with this Order are indicated in the accompanying 11th Circuit emailconfirmation which includes all emails provided by the submitter. The movant shallIMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email orhand-delivery, to all parties/counsel of record for whom service is not indicated by theaccompanying 11th Circuit confirmation, and file proof of service with the Clerk ofCourt.

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