Sullivan & Triggs Wins Ninth Circuit Appeal, Securing Complete Defense Victory for Tencue Productions, LLC

SANTA MONICA, Calif. — Sullivan & Triggs, LLP announced today a complete defense victory for its client, Tencue Productions, LLC, following a successful appeal to the United States Court of Appeals for the Ninth Circuit in Carbon Crest, LLC v. Tencue Productions, LLC, et al., Case No. 19-08179 WHA (N.D. Cal.).

The dispute arose from a Sales Process Advisory Agreement under which Carbon Crest, LLC provided broker services to Tencue in connection with the sale of the company. After a four-day trial, the district court rejected Carbon Crest's breach of contract claims seeking in excess of $8 million but nonetheless awarded Carbon Crest $1.5 million in equitable relief.

Sullivan & Triggs appealed the equitable award on Tencue's behalf. In a November 30, 2023 memorandum disposition, the Ninth Circuit agreed, holding that California law barred Carbon Crest from recovering in equity for unlicensed broker work, and vacated the $1.5 million award in its entirety.

On December 2, 2024, the district court entered final judgment providing a complete defense victory consistent with the Ninth Circuit's decision, vacating the $1.5 million award and bringing the litigation to a close.

The Sullivan & Triggs team representing Tencue included Sheldon Eisenberg and Jean Ralph Fleurmont.

About Sullivan & Triggs, LLP

Sullivan & Triggs, LLP is a Santa Monica–based law firm with a litigation practice spanning entertainment law, complex civil litigation, and arbitration.