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Gross v. Derhagopian

Contract Breach Claim Is Barred by Statute of Frauds; Declaration Is Sham Affidavit

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Magistrate Judge Andrew Krause¹

OPINION AND ORDER Plaintiffs Felicia Gross, also known as Joy Gross (“Mrs. Gross”), and Kenneth Gross (“Mr. Gross”) (collectively, “Plaintiffs”) bring this action against Defendant David Derhagopian (“Defendant”), asserting state law claims for breach of contract and unjust enrichment. ECF No. 36 (“Amended Complaint” or “Am. Compl.”). Currently before the Court is Defendant’s motion for summary judgment. ECF No. 99. For the reasons that follow, the motion is GRANTED, and the action is dismissed with prejudice. I. BACKGROUND The allegations in the Amended Complaint cover dealings between the parties during a nearly 30-year timeframe between 1985 and in or around 2013. In their respective summary judgment filings, the parties detail numerous disputes about the evolution of their business relationship over this period, including, among other things, fundamental disagreements over stock ownership, the validity of alleged stock transfers, and the particular terms and conditions of Defendant’s sale of his interests in various corporate entities. While some of the parties’ factual disagreements are described here to provide necessary context for Plaintiffs’ claims, nearly all of the disputed facts are immaterial to the Court’s determination of Defendant’s summary judgment motion. Instead, the crux of the matter at this stage is Plaintiffs’ allegations regarding a 2006 agreement between Plaintiffs and Defendant, pursuant to which Plaintiffs would be entitled to payment of $3,300,000 from Defendant in or about January 2013 based upon the agreed value of Plaintiffs’ ownership interest in the corporate entity that they formed together in 1985. See Am. Compl.

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