A judge Friday dismissed a lawsuit brought by a boxer against Banner Promotions LLC that alleged the company’s CEO and two other men lured him into signing a five-year deal with extensions while representing the agreement was for only one fight.
The ruling by Los Angeles Superior Court Judge Daniel S. Murphy was made “without prejudice,” meaning plaintiff Brandon Quincy Adams can revive the suit later with a proper explanation. The judge noted that no one appeared in court Friday on behalf of the plaintiff or notified the court why no one would be coming.
Steven D. Martini, a lawyer for Banner Promotions, argued in his court papers that a signed agreement between the parties called for any disputes to be litigated in Nevada and that California lacked jurisdiction. On March 9, the judge agreed and quashed the service of the complaint on Banner Promotions and two individual defendants.
Adams’ suit was brought Dec. 8. His allegations included breach of contract, intentional and negligent interference with prospective economic advantage and intentional and negligent misrepresentation.
Born in Lynwood and now a resident of Norwalk, Adams sought at least $595,000 in damages and a declaration that his contract with Banner is unenforceable.
“Our present situation is clearly a manipulative attempt by a promoter to coercively lock in a promising fighter to an invalid agreement, even years after such agreement should have ended,” the suit stated. “This type of unconscionable, lop-sided agreement at present is a disgrace to the institution of boxing and must be addressed,” the lawsuit states.
Adams, who is 32 years old, weighs 160 pounds and stands 5 feet, 9 inches tall, was already a licensed professional fighter when he was approached by two men, co-defendants James McGary and Bobby DePhilippis, who obtained the plaintiff’s trust and were able to become his manager and promoter, respectively, the suit stated.
The pair later introduced Adams to another co-defendant, Arthur Pelullo, Banner’s CEO, according to the suit. Adams was invited to participate in the Boxcino tournament taking place on ESPN and fight Daniel Edourd on a nationally televised card in February 2014 on condition he sign an agreement with Banner, the suit stated.
Adams had not seen the contract, was inexperienced with promotional fight agreements and thought it was a one-fight deal, but in reality it was five-year agreement with “restraint against gainful employment worked into the agreement,” the suit stated.
Adams was not given the chance to obtain a lawyer to examine the contract, the suit alleged.
“Defendants explicitly told (Adams) that his own counsel would not be necessary and that due to a strict deadline … (he) needed to sign immediately…” the suit stated. “The terms of the agreement itself were clearly unconscionable and dangerously one-sided in favor of Banner.”
Two years into the agreement, Adams had years of debt and bills to pay as he was caring for two young children, and Banner threatened to sue Adams if he attempted to leave, the suit stated.
Adams had to form a GoFundMe page and had to work as a boxing trainer at a gym to support his family, the suit stated.