Case 2:18-cv-02139-MCE-DB Document 1 Filed 08/03/18 Page 1 of 6

1 Linda S. Fang (CA Bar #240245)

506 2nd Ave, Suite 1400
2 Seattle, WA 98104
Tel: (206) 202-3470
3 lfang@banyancounsel.com
4 Richard P. Rouco (pro hac vice application to be filed)
QUINN, CONNOR, WEAVER, DAVIES & ROUCO
5 2 – 20th Street North, Suite 930
Tel: (205) 870-9989
6 rrouco@qcwdr.com
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
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11 YM APAA SPORTS GROUP & No.
ENTERTAINMENT, LLC,
12 COMPLAINT
Plaintiff,
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v.
14
FRANK MASON, III,
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Defendant.
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17 The Plaintiff YM APAA Sports Group & Entertainment, LLC (hereinafter “Plaintiff” or
18 “YM”) complains against the Defendant Frank Mason, III (hereinafter “Defendant” or “Mason”)
19 as follows:
20 JURISDICTION
21 1. This a breach of contract case where the amount in controversy exceeds $75,000.00.
22 Plaintiff claims that Defendant (after numerous demands) has failed to repay expenses and
23 advances he was contractually required to repay in the event he terminated the Standard Player
24 Agent Contract and/or a marketing agreement.
25 2. Defendant has established California as his state of domicile. Defendant plays
26 professional basketball for the Sacramento Kings and spends the majority of his time in the State
27 of California. Defendant keeps his primary residence in Sacramento, California. Defendant’s
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1 parents and his minor child live with him the State of California. For purposes of diversity

2 jurisdiction, Defendant is domiciled in the State of California.

3 3. Plaintiff is a limited liability company organized under the laws of the State of
4 Texas. Plaintiff maintains its principal office in Dallas, Texas. Plaintiff’s members are domiciled
5 in states other than the State of California.

6 FACTUAL ALLEGATIONS
7 4. In April 2017, Plaintiff and Defendant executed a Standard Player Agent Contract
8 (SPAC) and a marketing agreement. Additionally, Plaintiff and Defendant entered into an

9 agreement whereby Plaintiff advanced $40,000.00 and expenses related to Defendant’s

10 preparation for the NBA draft. The advance agreement provided that Defendant would refund the
11 advanced $40,000 and expenses if at any time he terminated the SPAC and/or marketing
12 agreement. The advance agreement required reimbursement within thirty (30) days of termination.
13 5. On or about April 2018, Defendant (at the urging of a former YM employee)
14 terminated the SPAC with YM. Plaintiff then promptly sent Defendant an itemization of all the
15 expenses paid on his behalf pursuant to the advance agreement and demanded repayment of the
16 $40,000.00 and reimbursement of expenses. The total amount demanded was $92,000.00.
17 6. Additionally, Plaintiff provided Defendant with a gold necklace with the YM logo
18 that cost approximately $11,000.00. Plaintiff provided Defendant the gold necklace with the
19 understanding that he would return it if he terminated their contractual relationship. Plaintiff has
20 demanded return of the property or payment of $11,000.00.
21 7. Defendant has refused to refund the advance or reimburse YM for the advance of
22 monies related to expenses incurred pursuant to the advance agreement. Plaintiff advanced monies
23 to Defendant to cover his expenses while he prepared for the NBA draft with the express
24 understanding that he would repay such amounts in the event he elected to terminate the SPAC.
25 Plaintiff would not have provided the cash advance or agreed to cover Defendant’s expenses
26 without Defendant’s promise to repay such amounts.
27 8. Defendant has refused to return Plaintiff’s property and continues to retain
28 possession and control of such property without legal cause.
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1 9. As a result of Defendant’s unlawful conduct, Plaintiff has suffered monetary

2 damage and reputational harm. Defendant has willfully and wantonly refused to return property
3 rightfully belonging to Plaintiff. Defendant has sent a representative of Plaintiff text messages
4 flaunting his refusal to return property belonging to Plaintiff and to reimburse Plaintiff for the cash
5 advance and expenses incurred at his direction.

6 FIRST CAUSE OF ACTION

7 (Breach of Contract)
8 10. Plaintiff incorporates by reference and restates the factual allegations contained in

9 Paragraphs 1-9 above.

10 11. Plaintiff and Defendant entered into an “advance” agreement that provided as
11 follows:
12 In consideration of the mutual covenants, rights, and obligations set forth in this
Agreement, the Parties agree as follows:
13
a. Fee to be Paid to Player:
14
i. $40,000.00 Advancement that is forgiven by Agency unless Player
15 terminates their agreement with Agency at any time. If agreement is terminated, then
Player agrees to reimburse Agency the $40,000 within 30 days of termination of this
16 agreement or SRA. The signature here acknowledges that the $40,000 was paid to
Player via cash ___________ on 4/18/2017.
17
b. Expenses: Should Player terminate their Standard Player Agent Contract
18 (SPAC) with Agency at any time during Player’s career, Player hereby agrees to
reimburse Agency all expenses it has incurred while representing player, including but
19 not limited to, travel, pre-draft expenses, signing bonuses, monetary advances, etc.
Agency hereby agrees to provide Player a full break-down of all costs incurred within
20 five (5) days of termination by Player and Player hereby agrees to reimburse Agency
within thirty (30) days of termination via check or bank wire.
21
22 12. Plaintiff provided Defendant the cash advance and advanced his expenses in the
23 amount of approximately $52,000.00. Plaintiff provided Defendant with an itemization of the
24 expenses incurred while representing Defendant.
25 13. Defendant terminated the SPAC and has refused to refund the amounts advanced
26 after written demand.
27 14. Furthermore, the agreement provides that “[t]he terms of this Agreement and the
28 rights of the Parties hereto shall be governed exclusively by the laws of the State of Texas, without
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1 regarding its conflicts of law provisions.”

2 15. Under Texas law, a party found to have breached an agreement shall pay the
3 prevailing party’s attorney’s fees and costs of litigation.
4 16. Wherefore, premises considered, Plaintiff respectfully request that the Court enter
5 an order requiring Plaintiff to pay the amounts owed under the advance agreement and to pay

6 Plaintiff a reasonable attorney’s fees plus the costs of litigation.

7 SECOND CAUSE OF ACTION
8 (Indebitatus Assumpsit – Money Had and Received)

9 17. Plaintiff incorporates by reference and restates the factual allegations contained in
10 Paragraphs 1-16 above. Plaintiff pleads this claim in the alternative to the breach of contract claim.
11 18. Plaintiff advanced monies to Defendant which Defendant promised to refund if he
12 terminated the representation agreement. Defendant terminated the representation agreement but
13 has refused to return the monies advanced as promised. Plaintiff gave Defendant a $40,000
14 advance and paid his expenses while he prepared for the NBA draft. The purpose for advancing
15 monies and expenses was to improve Defendant’s draft position which would benefit Plaintiff.
16 19. Under California law, a claim for money had and received “lies wherever one
17 person has received money which belongs to another, and which in equity and good conscience
18 should be paid over to the latter.” Bekins v. Zheleznyak, No. 2:15-cv-04478-CAS-AS, 2016 WL
19 1091057, at *6, 2016 U.S. Dist. LEXIS 37201, at *20 (C.D. Cal. Mar. 21, 2016) (quoting Gutierrez
20 v. Girardi, 194 Cal. App. 4th 925, 937, 125 Cal.Rptr.3d 210 (Cal. Ct. App. 2011)).
21 “Money had and received is a form of restitution that applies when unjust enrichment occurred
22 thanks to a contract or other transfer of ‘a definite sum.’ ” Berger v. Home Depot USA, Inc., 741
23 F.3d 1061, 1070 (9th Cir. 2014), abrogated on other grounds by Microsoft Corp. v. Baker, –––
24 U.S. ––––, 137 S.Ct. 1702, 198 L.Ed.2d 132 (2017).
25 20. Defendant has retained monies that Plaintiff advanced for the benefit of Plaintiff’s
26 business interest that in equity and conscience ought to be refunded to Plaintiff.
27 ///
28 ///
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1 21. Wherefore premises considered, Plaintiff respectfully requests that the Court enter

2 an Order requiring Defendant to refund the money advanced and the expenses incurred on his
3 behalf, plus prejudgment interest and costs where appropriate.
4 THIRD CAUSE OF ACTION
5 (Conversion)

6 22. Plaintiff incorporates by reference and restates the factual allegations contained in
7 Paragraph 1-21 above.
8 23. Plaintiff allowed Defendant to use a gold necklace with the YM logo while it

9 remained Defendant’s sports and marketing agent. Defendant unilaterally terminated this business
10 relationship. Plaintiff demanded return of the gold necklace valued at approximately $11,000.00.
11 Defendant has maliciously refused to return the gold necklace and has acted with a conscious
12 disregard to Plaintiff’s right to its property. Defendant has no right to remain in possession of
13 Plaintiff’s property.
14 24. Defendant’s refusal to return property belonging to Plaintiff constitutes an unlawful
15 conversion. Plaintiff has a property interest in the gold necklace bearing its logo and has an
16 immediate interest in such property. Defendant continues to exercise control over such property
17 after a demand for return had been made. Thus, Defendant has converted Plaintiff’s property for
18 his own use.
19 25. Wherefore premises considered, Plaintiff respectfully requests that the Court enter
20 an Order compelling the Plaintiff to return the property in question and to pay punitive and/or
21 compensatory damages for his malicious conduct.
22 PRAYER FOR RELIEF
23 Plaintiff prays for the following relief:
24 1. Reimbursement of the cash advance and the expenses incurred;
25 2. Return of Plaintiff’s property;
26 3. Reasonable attorneys’ fees plus cost of litigation;
27 4. Prejudgment interest on amounts owed;
28 5. Punitive and compensatory damages for unlawful conversion; and
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1 6. Any other legal or equitable relief the Court deems appropriate to remedy any

2 unlawful conduct or breach established by the Plaintiff.

3
4 Dated: August 3, 2018 Linda S. Fang, Esq.

5 /s/ Linda S. Fang

Linda S. Fang
6
QUINN, CONNOR, WEAVER, DAVIES &
7 ROUCO

8 /s/ Richard P. Rouco

Richard P. Rouco
9
Attorneys for Plaintiff YM APAA SPORTS
10 GROUP & ENTERTAINMENT, LLC

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 YM APAA Sports Group & Entertainment, LLC v. Mason, Docket No. 2:18-cv-02139 (E.D. Cal. Aug 03, 2018), Court Docket

General Information

Court United States District Court for the Eastern District of California;
United States District Court for the Eastern District of California

Federal Nature of Suit Contract - Other[190]

Docket Number 2:18-cv-02139

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