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Date: 08-08-2022
Case Style:
Pickpocket, LLC v. Matthew Pittman
Case Number: B313086
Judge: Stratton
Court: California Court of Appeals, Second District, Eighth Division on appeal from the Superior Court, Los Angeles County)
Plaintiff's Attorney:
Defendant's Attorney: Ivie McNeill Wyatt Purcell and Antonio K. Kizzie
Description: Los Angeles, California civil litigation lawyer represented Plaintiff, which sued Defendant for breach of contract.
Pickpocket is a California limited liability company which specializes in creating and producing videos for internet-based companies. On or about August 10, 2019, Glasz, Wechter and Kornai entered into an Operating Agreement for Pickpocket with Matt. Pursuant to this agreement, Matt was a member of Pickpocket and its manager.
On February 10, 2020, Glasz, Wechter and Kornai voted to terminate Matt as a member and manager, based on his misuse of Pickpocket funds. Among other things, Matt allegedly misused funds to "visit" Montana, to ship his personal DJ equipment to Germany, and to buy flowers for his girlfriend in Germany. Matt apparently paid back some but not all of the funds, and this lawsuit followed.
On August 25, 2020, appellants' attorney Muller sent the summons and complaint in this matter to Matt at the Montana address shown on his Montana driver's license by certified mail, return receipt requested. The copy of the license attached to Pickpocket's counsel's declaration shows an issue date of August 5, 2019. Muller did not explain the source of this copy. On appeal, appellants represent that Matt had provided the license to Pickpocket "as part of their prior business dealings." Matt also provided Pickpocket with an address in Venice, California.
Muller subsequently received a return receipt, but the receipt does not contain Matt's signature. It contains random numbers and letters which appear to be a post office code of some sort. The address is in fact the residence of Matt's father Danny Pittman (Danny). Danny stated under penalty of perjury that Matt had not lived with him for several years. According to Matt's California lawyer, Antonio Kizzie, Danny sent the summons and complaint to Kizzie. After conferring with Matt, Kizzie filed a motion to quash. In a declaration supporting the motion, Matt stated under penalty of perjury that he currently lived in Germany. The trial court granted the motion to quash.
Outcome: The order quashing service of process is affirmed. Respondents are entitled to costs on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments: