Fear Not Law CA Pub. Decisions

CASTILLO v. BARRERA

Filed 2/22/07 CASTILLO v. BARRERA
CA Pub. Decisions
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CASTILLO v. BARRERA


 


 


 


 


 


 


 


 


 


Filed 1/22/07


 


 


 


CERTIFIED FOR PUBLICATION


 


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


 


SECOND APPELLATE DISTRICT


 


DIVISION FIVE


 


 


 







JOSE CASTILLO,


 


                Plaintiff and Appellant,


 


                v.


 


MARCO ANTONIO BARRERA et al.,


 


                Defendants and Respondents.


 


      B188263


 


      (Los Angeles County Super. Ct.


        No. BC317258)


 


 


 


 


                APPEAL from a judgment of the Superior Court of Los Angeles County. Paul  Gutman, Judge.  Affirmed.


                Carlsmith Ball, LLP and James E. Blancarte for Plaintiff and Appellant.


                Matheny Sears Linkert & Long and Eric R. Wiesel for Defendants and Respondent.


 


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                A boxing manager is defined by California law as any person who undertakes to represent in any way the interest of a professional boxer with respect to the arrangement or conduct of any professional boxing contest, or any person who directs or controls the activities of any professional boxer.  A contract to manage a professional boxer must be in writing, and managers must be licensed by the State Athletic Commission (the commission).


Plaintiff and appellant Jose Castillo filed a complaint alleging defendant and respondent Marco Antonio Barrera, a professional boxer and two-time world champion, breached an oral agreement for Castillo to manage Barrera's career.  The trial court granted summary judgment in favor of Barrera, and defendants and respondents Barrera Promotions, Inc. and Marco Antonio Boxing, Inc., on the basis that Castillo was not a licensed manager and his pleading of an oral agreement with Barrera was a binding judicial admission.  We reject Castillo's appellate challenge to the grant of summary judgment and affirm.


Allegations in Castillo's Complaint


            Castillo's complaint alleged three causes of action--breach of contract, fraudulent inducement to enter a contract, and quantum meruit. The complaint alleged that â€

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