LOS ANGELES (CN) – The son of former NFL quarterback and coach Ted Marchibroda filed a $1 million legal malpractice action stemming from his recruitment of players for a sports agent.
Ted Marchibroda Jr. sued Sullivan, Workman & Dee and trial lawyer Charles Cummings on Tuesday, alleging breach of contract, professional negligence and breach of fiduciary duty.
The claims in superior court relate to a 2011 lawsuit in which Marchibroda accused sports agent Marvin Demoff of breaching an agreement to share the proceeds of NFL contracts for linebacker Chad Greenway.
Marchibroda says he also was owed money for recruiting center Alex Mack.
He claims to have recruited the two players for Demoff while working as a contract adviser for the National Football League Players Association.
Greenway was a first-round pick for the Minnesota Vikings in the 2006 NFL draft. The Cleveland Browns drafted Mack in the first round of the 2009 draft.
Demoff broke a promise to pay Marchibroda no less than one-third of Greenway’s NFL contracts for the entirety of his career, he says. In 2011, the agent allegedly told Marchibroda he would pay no more than $20,000 in commissions for Greenway’s NFL contracts.
Demoff never paid Marchibroda for his work in persuading Mack to sign with the agent, Marchibroda claims.
Marchibroda’s 2011 complaint against Demoff in Superior Court alleged breach of contract. He says a California appeals court affirmed a ruling for Demoff last year.
Demoff allegedly argued during trial that the contract could not be enforced because Marchibroda recruited Greenway before the agent had agreed to pay any commissions.
The new lawsuit says “Demoff and Demoff Sports further contended that contrary to the allegations in the complaint, there was no express contract between plaintiff and Demoff related to Mack.”
Marchibroda claims that Cummings and the law firm never asked the trial judge or appeals court for the chance to amend the lawsuit and make a claim for breach of implied contract.
“Defendants also failed to seek reconsideration of the order granting summary judgment,” Marchibroda adds.
Seeking $1 million in damages, Marchibroda is represented by Martin Barab with Hamrick & Evans of Universal City.
CORRECTION: The original version of this article incorrectly named former head coach Ted Marchibroda as the plaintiff in the lawsuit his son filed. Courthouse News regrets the error.
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