[timed]

Isn't this guy the owner of the new AC company? Sounds like he could be in some big trouble.

LAW OFFICES OF M. NEIL CUMMINGS & ASSOCIATES, PLC
M. NEIL CUMMINGS, ESQ. (SBN 76166)
11150 W. Olympic Boulevard, Suite 1050
Los Angeles, California 90064
(310) 914-1849; Fax (310) 914-1853



Attorneys for Plaintiffs
CARROLL SHELBY, SHELBY COLLECTIBLES INC.,
SHELBY AUTOMOBILES INC. and
CARROLL SHELBY INTERNATIONAL INC.



SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES

CENTRAL DIVISION


CARROLL SHELBY, SHELBY COLLECTIBLES, INC., SHELBY AUTOMOBILES, INC. and CARROLL SHELBY INTERNATIONAL, INC.
Plaintiffs,
vs.
R. BRENT FENIMORE,

Defendant. )
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) CASE NO.:

COMPLAINT FOR DAMAGES: (1) BREACH OF CONTRACT; (2) ACCOUNTING; (3) BREACH OF FIDUCIARY DUTY, (4) CONVERSION/FRAUD AND DECEIT




COMES NOW, Plaintiffs Carroll Shelby (CS), Shelby Collectibles Inc. (SCI), Shelby Automobiles, Inc. (SAI) and Carroll Shelby International, Inc. (CSI) (sometimes collectively referred to herein as “Plaintiffs”), complain of defendant R. Brent Fenimore (“Defendant”) as follows:
1. Plaintiff CARROLL SHELBY is an individual with a residence in the County of Clark, State of Nevada.
2. Plaintiff SHELBY COLLECTIBLES INC. (“CSC”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Clark, State of Nevada.
3. Plaintiff SHELBY AUTOMOBILES INC. (“SAI”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Clark, State of Nevada.
4. Plaintiff CARROLL SHELBY INTERNATIONAL INC. (“CSI”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Los Angeles, State of California. CSI is the shareholder of SAI.
5. Plaintiff is informed and believes, and based thereon alleges, that Defendant R. BRENT FENIMORE (“Defendant”) is an individual who at all times relevant herein resided in the County of Clark, State of Nevada, and who now resides, on information and belief, in the State of Texas.
6. Any contracts and/or agreements set forth herein were entered into and/or made to be performed in the County of Clark, State of Nevada.
FIRST CAUSE OF ACTION
BREACH OF WRITTEN CONTRACT
7. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-6 as though fully set forth herein at this point.
8. On or about October 7, 2005, Plaintiffs CSI and SAI and Fenimore entered into a termination of employment agreement (“Agreement”) whereby Fenimore agreed to the termination of his employment as General Manager at SAI effective September 30, 2005, and whereby Fenimore further covenanted and agreed to (1) return all property of SAI then in his possession; (2) “hold SAI and its shareholders, officers, directors, agents or representatives harmless from any claims arising out of or relating to the termination of his employment”; and (3) “not make any negative or disparaging comments or take action intending to create negative or disparaging image or impression of…SAI, CSI, or any of their officers, directors or representatives, and/or any of their products (past or future).” A true and correct copy of the Agreement is attached hereto as Exhibit 1.
9. Further, pursuant to the Agreement, Defendant agreed to “cooperate and work together with SAI and its representatives to resolve any disputes or disagreements which may arise between SAI and any third parties concerning Item Nos. 2 and 3 on the second page of our previous letter to you dated September 22, 2005, or any other business questions or issues which arise in the future concerning transactions in which you were involved while serving as General Manager of SAI.” A true and correct copy of said letter dated September 22, 2005 is attached hereto as Exhibit 2.
10. Plaintiffs CSI and SAI are informed and believe, and based upon such information and belief allege that Defendant has breached the aforementioned covenants of the Agreement by engaging in conduct which includes, but is not necessarily limited to the following: (1) Defendant’s failure to return all property of SAI then in his possession; (2) Defendant’s filing and prosecution of a lawsuit in the State of Texas, in which he is alleging claims, and damages against CSI and SAI based upon claims which arise out of his employment, or relate to the termination of his employment as General Manager of SAI; (3) Defendant’s failure to cooperate and work together with SAI and its representatives to resolve the disputes and disagreements referenced in the letter to him dated September 22, 2005 (Exhibit 2); (4) Defendant has made, or caused to be made negative and disparaging comments, and has taken or caused others to take action intending to create a negative or disparaging image or impression of SAI, CSI and its officers, directors or representatives, including but not limited to Carroll Shelby, John Luft and Amy Boylan. Defendant has also made negative and disparaging comments, or taken action intending to create a negative and disparaging image or impression of the products of SAI.
11. Plaintiffs CSI and SAI have fully performed each and every term, condition and covenant of said Agreement.
12. As a proximate and foreseeable result of the above breaches of the Agreement by Defendant, as alleged herein above, Plaintiffs SAI, CSI and CS have sustained damages in an amount not yet fully ascertained, but which Plaintiffs are informed and believe that based upon such information and belief alleges is in excess of $500,000, subject to proof at trial.