MOVING PARTIES: Defendants Ocean Blue Entertainment, William Andrew, and Tracy Price

OPPOSTION: Plaintiff 1492 Entertainment, Inc.

Plaintiff sues defendant for damages arising from defendants’ failing to provide funds pursuant to a written development agreement.

Plaintiff alleges that on October 31, 2012, the parties entered into a written “Overhead/Development Agreement.” Defendants misrepresented the ability to personally fund and obtain investor financing to induce plaintiff into a further agreement whereby plaintiff surrendered its right to obtain $1 million in annual development costs plus another $1 million to develop a certain project from Ocean Blue. In April 2015, the parties entered into the amendment. Defendants breached by failing to make payments for August and September 2016.

On January 19, 2017, plaintiff filed a complaint and on April 26, 2017, the operative first amended complaint for (1) breac........