An ad agency that claims its team helped a beverage company obtain such high-profile investors as NBA stars Stephen Curry and Kevin Love is asking a judge to order the company to pay nearly $90,000 in a case alleging delinquent payments.
The Many LLC filed the complaint Nov. 25 in Los Angeles Superior Court against Los Angeles-based Oxigen Beverages USA Inc. and its CEO, Blair Bentham, alleging breach of contract, fraud and unjust enrichment. According to court papers filed June 2 by The Many’s attorneys, the two sides settled the case April 13, with Oxigen agreeing to pay the plaintiff $85,000.
However, Oxigen to date allegedly has not paid the money, so The Many has brought a motion to enforce the settlement in a hearing scheduled June 28 before Judge Mark V. Mooney. The Many also is seeking $4,500 in attorneys’ fees.
Michael I. Wayne, a lawyer for Oxigen and Bentham, could not be immediately reached.
Oxigen water is pH-balanced with electrolytes and boosted with oxygen, according to its advertising. The company and The Many agreed in September 2019 that the ad agency would provide marketing and publicity services over an initial term of seven months that was later extended to 18 months, the suit states.
“(The Many) was so successful in raising Oxigen’s public profile that the company is now able to attract such high-profile investors and partners as basketball superstars Stephen Curry and Kevin Love and singer-songwriter Brett Eldredge,” the suit states.
Oxigen last October announced an additional $15 million in funding, “thanks in substantial part to the work performed by (The Many),” the suit states.
“However, despite its public perception as a fast-growing, innovative company selling exciting new beverage products, the harsh reality is that Oxigen makes its fortune by breaking its promises and not paying its bills, a fact unknown to (The Many) at the time it made its agreement,” the suit states.
After receiving invoices from The Many, Oxigen used “different excuses to avoid paying … for its work, despite the fact that (Oxigen and Bentham) were benefiting from (The Many’s) services,” the suit states.
After allegedly failing to make payments and then being pressed by the plaintiff to do so, Oxigen would reply something to the effect of, “Sorry, should have check in the mail next week,” then break that promise, the suit states.
The Many is “only the most recent victim of defendants’ unethical business practices, but the damages here are substantial,” the suit states.
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