By JOSEPH G. LARIOSA

(© Journal Group Link International)

Manny Pacquiao’s Foundation Dismissed as Co-defendant from $10-million Lawsuit in the L. A. Superior Court

C HICAGO, Illinois (jGLi) – The American recording company, which sued Filipino boxing great Manny Pacquiao for $10-million in a breach of exclusive contract lawsuit before the Los Angeles Superior Court in California, has withdrawn its complaint against the foundation bearing the name of the pound-for-pound boxing king.

A press statement from Attorney Rafael Bernardino, Jr., of the Los Angeles, California law firm of Hobson Dungog + Davis, LLP, sent to this reporter, said that the lawyer of complainant, RGB Group International, has filed a petition, dismissing Emmanuel Pacquiao Foundation from the complaint.

A check with the court records showed that last Dec. 14, 2010, a “partial dismissal without prejudice” against Emmanuel Pacquiao Foundation was filed by the lawyer of the “plaintiff/petitioner.”

Phone and email messages left and sent by this reporter to the lawyer of RGB Group International, Steven J. Cooper, of Torrance, California were not answered.

RGB Group filed a civil suit last Nov. 17, 2010, naming Emmanuel “Manny” Pacquiao, Carlito “Lito” Camo, Emmanuel Pacquiao Foundation and “Does 1-10” defendants in a breach of contract lawsuit, alleging that Mr. Pacquiao reneged on his promise to “record the first two” of the contracted 12 songs “upon receipt of $40,000” on Sept. 16, 2009.

The RGB Group, which counts as member Grammy Award winning producer and engineer Richard Segal Huredia, who sold over 75-million records, agreed to pay Mr. Pacquiao $160,000 to record 12 songs.

O ther members of the RGB Group International are Isaac Reain, producer/songwriter/engineer and artist; its president, Ryan Dennison, producer/songwriter/engineer; Randy Sadd, head of radio promotions (#1 top 40 promoter in the US); head marketing/vice president and secretary, Gregorio Simbillo; MTV publicist Ginger Salaheih; Chief Operating Officer Rod Dasco, publisher of LA Pinoy Magazine; and Chief Executive Officer Cecilia Lim, co-publisher of LA Pinoy Magazine.

RBM Group said when “defendant Pacquiao breached the agreement” after encashing the second of two Citibank checks on or about Oct. 13, 2009, and “refused and continue to refuse to honor said agreement,” they decided to file a four-count breach of contract, common counts for fraud, injunctive relief, and punitive and exemplary damages.

Attorney Marsha-laine F. Dungog, founding partner of the Hobson Dungog + Davis LLP, told this reporter her law office is" filing a demurrer, which will be heard on March 23, 2011, before Judge Malcolm Mackey.

A demurrer is a claim by the defendant that even if the allegations in a complaint are true, they are not sufficient to impose any liability on the defendant.

Atty. Dungog, the U.S. legal counsel for world boxing champion Manny Pacquiao, stated, “We look forward to a dismissal of all charges against Congressman Pacquiao.”

According to the complainants, because of the breach of contract by defendants, they are entitled to attorneys’ fees; they lost $27,000 in ad placement for LA Pinoy Magazine for the issue of Oct. 2009; they were unable to advertise, promote, commercialize, sign or encourage other persons or properties using resources committed to Defendant, they suffered damages in the proximate amount of $100,000, including lost profits related to the Agreement in an amount over $10-million.

They are also entitled to $200,000, "which is the reasonable value that is due and unpaid despite plaintiff’s demand plus prejudgment interest at the rate" of ten percent per year. # # #

Editor’s Note: To contact the author, please e-mail him at:  (lariosa_jos@sbcglobal.net)