A high-power Philadelphia trial attorney is himself named as a plaintiff in a case lawyers
from his office have initiated against a Philadelphia-based company that specializes in the booking of musicians and entertainers over allegations of contract breaching.
Lawyers with Saltz, Mongeluzzi, Barrett & Bendesky filed suit at state court in Philadelphia June 7 on behalf of their partner, Robert Mongeluzzi, against Icon Bookings LLC, and its principal, Joseph Crea.
The defendants are in the business of representing musicians, disc jockeys, masters of ceremony and other entertainers looking to secure live shows and performance dates at venues across the region.
On April 1, 2011, the defendants entered into a written contract with Mongeluzzi on behalf of a client of his, Steve Aoki, who is a popular disc jockey, producer and business mogul who was looking to perform a show in early August of that year, according to the complaint.
In consideration for hiring Aoki, Mongeluzzi paid the defendants a sum of $7,500, and agreed to pay the company an additional fee prior to the performance, the suit states.
The contract further stipulated that the money would be refunded if a performance venue for Aoki was not found by July 4, 2011.
The lawsuit claims that the defendants never did succeed in finding a venue at which Aoki could perform, and that it failed to abide by their legal obligations to refund the $7,500 sum.
“Upon information and belief, Defendants intentionally provided Plaintiff with misleading information to entice Plaintiff to pay $7,500.00 as part of the contractual agreement,” the lawsuit states. “To date, Defendants have not performed the contract, or returned Plaintiff’s money despite their nonperformance.”
The lawsuit claims that the defendants breached their contract with the plaintiff when they failed to return the $7,500, falsely misrepresented the terms and conditions of the contract, refused to perform pursuant to the conditions of the written agreement, and intentionally failed to act in good faith and deal fairly with the plaintiff.
In addition to the breach of contract count, the lawsuit contains counts of unjust enrichment, fraud, negligent misrepresentation and conversion.
In addition to seeking to have the $7,500 refunded, Mongeluzzi seeks compensatory damages, interest, attorney’s fees, delay damages, lost profits and other applicable damages.
The case ID number is 120600865.