Michael R. Diliberto, Esq.

• Promoter of a World Boxing Council sanctioned boxing match obtained financing by selling the Event Assets (and ancillary rights) to the lender, and agreed to buy back the Event Assets for a higher price after the event. Promoter claimed that the lender’s delayed payment of funds caused less marketing efforts and reduced profit, and sued for breach of contract and related claims. Lender countersued. One issue was whether the promoter’s repurchase obligation was based on revenue received from the event, or new money.
• Plaintiff, a global Cannabis seed company, used defendant credit card payment facilitator for “high-risk” industries, to allow plaintiff’s customers to purchase cannabis seeds on its website with credit cards, with payments processed by an associated bank. Due to multiple “chargebacks” and other irregularities in plaintiff’s account, the bank investigated, discovered plaintiff’s involvement in the cannabis industry, and stopped processing transactions. Plaintiff sued defendant to recover monies the bank paid to the payment processing company that were not remitted to plaintiff.
• Motion picture producer, director and writer sued a major film star for breach of contract, alleging that they agreed to create a “year in the life” documentary about the film star, and after the producer invested time and money filming and editing the project, the film star cancelled the deal and made a new documentary with another production company.
• Claims for breach of contract, breach of fiduciary duties, dissolution of an LLC, and related claims between owners of a restaurant. At issue was determining the valuation of the business, and whether one owner would buy out the other owner.
• Claims by a corporate director against the co-director of a company involved in selling, repairing, and renting medical scopes, for involuntary dissolution of corporation, breach of oral partnership agreement, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, conversion of partnership assets, theft, fraud, accounting, injunctive relief, and dissolution of partnership.

• Consumer claims concerning the Volkswagen emissions defeat device for parties who opted out of the United States District Court multidistrict litigation class action.
• Partnership dissolution disputes, including dissolution of law firms, medical groups, and other partnerships.
• CFO was removed from the board of directors and was asked to leave the company. Settlement of exit from the company and exit package regarding compensation and benefits.
• Class action arising out of company recording phone calls of consumers without notice or consent.
• Class action against major sporting events venue for issuing improper receipts for credit card transactions.
• Partnership dispute involving a group of doctors who owned several medical clinics in Los Angeles and surrounding counties. One partner opened a competing clinic in violation of their agreement. Resolved by determining an appropriate buy-out amount, future ability to continue to use the clinics, and establishing conditions for the leaving member’s competing clinic.
• Partnership dispute involving brothers who owned a restaurant. One brother accused the other of taking cash from the receipts during his management shifts. The brothers’ family members were an integral part of the settlement discussions. The issues were determining an accounting, and whether one partner would buy out the other, or agree to appoint a neutral manager and change the cash deposit procedures.
• Partnership dispute with partners involved in an e-commerce business. One group of partners felt the others were not contributing sufficiently to deserve performance bonuses. The issue involved clarifying the scope of duties and responsibilities among the partners and appropriate compensation.
• Partner buyout action by investor in marijuana cultivation business.
• Dispute between bank and its customer over fraudulent wire transfers.
• Breach of contract and fraud arising out of investment and partnership agreement for an electronics company.
• International dispute regarding sales of medical supplies to companies in Iran.
• Lottery winner claimed she was the victim of fraud by others who gained her trust and caused her to invest millions of dollars in real estate.
• Derivative action brought by shareholders of a bank alleging that a bank executive used the corporation’s assets for personal gain.
• Derivative action brought by shareholders of a high tech company, alleging that the CEO backdated stock options, gave drugs to employees, and used the corporation’s assets for personal gain.
• Collection of credit card debt against primary cardholder and corporation by major credit card company.
• Action to enforce judgment with claim of fraudulent transfer of assets by defendant to avoid judgment.
• Breach of contract regarding partnership dispute involving investor and payment of profits.
• Marijuana industry case regarding breach of contract claims arising out of sale of extraction pod for marijuana.
• Breach of contract and related indemnity claims arising out of manufacture and sale of jet fuel alternative fuel.
• Claim for monies due for services rendered by overseas technical support company for a web hosting company.

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• Class action brought by employees of major Health Maintenance Organization. The issue was whether paid sick leave under the Healthy Workplaces, Healthy Families Act of 2014 (Cal. Lab. Code §§ 245-249) is a “wage” within the meaning of Labor Code section 200. The class sought penalties under Labor Code section 203 for alleged underpayment of sick leave.
• Hotel hospitality worker sued a national staffing company and a major hotel as alleged joint employers for physical disability discrimination, harassment, retaliation and related claims.
• Claims for discrimination, failure to accommodate, wrongful termination, and related claims, brought by a delivery driver against his employer, a clothing manufacturer.
• Claims by ticketing agent against common carrier employer. Plaintiff claimed that she suffered from race-based favoritism and that she was ultimately terminated because of her race. Plaintiff’s claims included wage and hour and failure to provide required meal and rest breaks, individually, and under PAGA.
• Claims for discrimination, failure to accommodate, and related claims brought by an aerospace industry employee against his employer. Plaintiff alleged that he was fired due to his physical disability, and that his employer failed to offer reasonable accommodations, or engage in a good faith interactive process to determine reasonable accommodations.

• Claims for disability discrimination, failure to engage in the interactive process, failure to make reasonable accommodation, and related claims, brought by a senior wellness specialist against a major healthcare company.
• Claims for disability discrimination, failure to accommodate and wrongful termination brought by a heavy equipment mechanic who was terminated after returning to work after a medical leave of absence. The employer claimed that the employee was terminated as part of a reduction in force due to lack of work.
• Claims by four professional models against an ecommerce company for waiting time penalties under Labor Code section 203. The models were hired for photo shoots, and claimed that the circumstances indicated they were employees of the ecommerce company (and not independent contractors), and sought their daily rate of pay multiplied by the maximum 30 days waiting time penalties.
• Warehouse worker was terminated for alleged violations of the company’s workplace harassment policy, including inappropriate sexual comments and conduct toward his female supervisor and others. The employee claimed that the company had a discriminatory motive to fire him based on the fact that he was a disabled veteran with post-traumatic stress disorder and other mental/emotional conditions.
• Wage and hour claims by printing industry worker who alleged he was misclassified as an independent contractor, underpaid, and terminated for complaining of unlawful wage practices.
• Wage and hour claims brought by solar panel installer against solar panel installation company.
• Claims for wage and hour and related claims brought by a textile designer against a clothing manufacturing company. At issue was whether plaintiff was an exempt or non-exempt employee.
• Claims for sexual harassment and wage and hour claims brought by a supermarket cashier against her direct supervisor and employer. The supervisor alleged that the sexual relationship was consensual.
• Wage and hour claims brought by a restaurant worker who asserted that her employer misclassified her as exempt from overtime, and rest and meal breaks.
• Claims for disability discrimination, age discrimination, retaliation, wrongful termination, and related claims by a warehouse worker who processed customer returns of electronic devices. Plaintiff alleged that she was a 10-year employee who was terminated after a post-surgery leave of absence. Defendant asserted that plaintiff was laid off because there was not enough work related to the employee’s main duty to justify the position.
• Claim by a professional model against a clothing company for waiting time penalties under Labor Code section 203. The model was hired for a photo shoot, and claimed that the circumstances indicated she was an employee of the clothing company (and not an independent contractor), and sought her daily rate of pay multiplied by the maximum 30 days waiting time penalties.
• Claims by department supervisor against a large grocery store chain for wages due, overtime compensation, failure to provide meal and rest breaks, failure to provide itemized wage statements, waiting time penalties, and unfair competition.
• Claims by a strategic account executive (salesperson) against a global automotive industry company for unfair competition arising out of a non-competition agreement, violation of the Fair Credit Reporting Act, overtime wages, whistleblower retaliation, and wrongful termination.
• Claims for disability discrimination, failure to accommodate disability, failure to engage in an interactive process, failure to prevent discrimination, and wrongful termination brought by an employee in the garment industry.
• Claims for age and disability discrimination, failure to provide accommodations, failure to engage in interactive process, and wrongful termination.
• Fraud claims by a company against former employees who formed sham companies to sell products to their employer-company at a marked-up price and diverted money to their own accounts.
• Wage and hour claims by multiple plaintiffs against multi-state plumbing company.
• Wrongful termination and related claims after plaintiff was terminated from his position as a safety coordinator after a leave of absence.
• Claims for overtime, meal and rest break violations, retaliation, PAGA claims, and pay stub violations.
• Claims for wage and hour, meal and rest breaks, and reimbursement of business expenses.
• Claims for sexual harassment and related claims by employee against agricultural company and direct supervisor.
• Claim by university professor for back-pay under collective bargaining agreement.
• Claims of wrongful termination, overtime, and meal and rest breaks.
• Sexual harassment, wrongful termination, and retaliation claims.
• Sexual harassment and related claims by actress against the CEO of a clothing company who allegedly harassed her while she modeled clothes for his company at a fashion trade show.
• Gender discrimination claim by an electrical worker who was allegedly harassed and fired after transitioning sex to female.
• Claims for sexual harassment and related claims by employee against agricultural company and direct supervisor.
• Wrongful termination and related claims arising from termination of an area supervisor working in the oil and gas industry.
• Pregnancy discrimination claim by a waitress whose employer allegedly blocked her return to work after a leave of absence.
• Disability discrimination case with issue concerning whether corporation was liable as a successor company/employer.
• Wrongful termination, retaliation, and other claims by a pest control employee who was fired after suffering a panic attack at work.
• Wrongful termination of supervisor at a food distribution company.
• Claims for alleged misclassification of non-exempt employees.
• Action for alleged inaccurate wage statements and failure to pay for meal and rest breaks.
• Claim by university professor for back-pay under collective bargaining agreement.
• Multiple plaintiff case for wrongful termination, wage and hour, and related employment claims.
• Claims for wage and hour, overtime, and meal and rest breaks.
• CFO was removed from the Board and asked to leave company. Settlement of exit from company and exit package regarding compensation and benefits.
• Claim for wrongful termination and related claims for employee fired while on medical leave of absence.
• Pregnancy discrimination and wrongful termination for not hiring back after leave of absence.
• Claims for sexual harassment, discrimination, and retaliation by a nurse against a skilled nursing facility.
• Wrongful termination based on alleged retaliation regarding complaints for unsafe workplace.
• Wrongful termination and discrimination based on gender and disability.
• Claims regarding improper pay statements, meal breaks, and rest breaks.

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• Film distributor licensed the rights to distribute a U.S. motion picture in the territory of Latin America. After the Covid-19 pandemic struck, the distributor refused to pay the balance of the licensing fee, arguing that the producer’s failure to obtain a guaranteed U.S. theatrical release destroyed the value of the motion picture, and that the Covid-19 pandemic provided grounds for recission, failure of consideration, commercial frustration, force majeure, and the doctrine of impossibility.
• Film distributor paid license fee to distribute a U.S. motion picture in the territory of the People’s Republic of China. The distributor sued the producers to recover the license payment pursuant to a censorship clause in the license agreement, because the film did not pass the censorship review of the Chinese state-owned censorship entities. The producers counterclaimed for damages, alleging that the distributor did not make good faith efforts to pass censorship review.
• Writer and director for a U.S. motion picture sued for breach of contract after the producers fired him during production. The producers claimed that the writer/director breached his duty of care and failed to render services as required by the director agreement and industry custom; misrepresented his experience and ability to direct the picture; and interfered with prospective economic relations by making false and defamatory statements about the producers to potential investors.
• Breach of contract cases brought by movie studios suing overseas distribution companies over non-payment of a minimum guarantee for the right to distribute a film in foreign territories.
• Copyright infringement, trademark infringement, unfair competition, and cancellation of trademark action by comic book writer against major motion picture company and prominent comic book company for using his characters in a major motion picture and product merchandising.

• Claim by estate of famous deceased rap music artist against photographer for ownership and exploitation rights in photographs taken of the music artist.
• Music composer sued producers of U.S. motion picture for breach of contract for failing to pay “deferred fixed fee compensation” and the contingent compensation percentage of the “Producers’ share of Adjusted Gross Revenues,” as compensation for his film scoring services.
• Copyright infringement action against director of motion picture who allegedly used footage from the film he was hired to direct to create a separate film that he licensed in Europe.
• Claims for fraudulent misrepresentation and related claims brought by Grammy Award winning international recording artist against major talent agency regarding alleged compensation due from an international music tour.
• Copyright infringement action against major motion picture studio for its unauthorized use of photographs created by famous photographer for cover of DVD re-issue of iconic television series.
• Copyright infringement action against a major rap music label for unauthorized use of sound recording it licensed to a major motion picture studio for use in a film soundtrack.
• Dispute between personal managers and multi-platinum rock band over ownership of copyrights and licensing rights in sound recordings and music publishing.
• Dispute between famous pop group members and music publisher over song royalties.
• Dispute between personal mangers and reality television star over manager commissions.
• Claim by reality television performer and social media influencer against producers for compensation she allegedly generated by having her social media followers subscribe to her show on the video-on-demand network.
• Trademark claims in band names by members of prominent rock bands and rap groups against competing former band members for use of same or confusingly similar band names.
• Infringement claims brought by the estates of famous deceased actors and recording artists against alleged infringers using their name, likeness, and trademarks.
• Defamation claim against actress based on her alleged statement during radio interview that a skin treatment product causes cancer.
• Claims for misappropriation of name and likeness under Civil Code section 3344 brought by a celebrity body builder whose image was used without consent to promote vitamin and nutrition products.
• Claims for commercial misappropriation of Plaintiff’s likeness under Civil Code section 3344 and common law misappropriation. Defendant, a social media advertising business, used Plaintiff’s photograph without his consent for a banking industry client’s Facebook advertising campaign.
• Claims for misappropriation of name, photograph and likeness under Civil Code section 3344 brought by six models against a nightclub for unauthorized publication of the models’ photographs in advertisements.
• Copyright infringement claims for unauthorized use of music in motion pictures, television shows and sound recordings.

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• Copyright infringement action brought by a global software manufacturer against a chain of computer retail stores.
• Copyright infringement action brought by a textile converter against a major retail store for the sale of allegedly infringing garments that contained plaintiff’s proprietary artwork. At issue was whether the group of works qualified as a “single work” registration, and whether a supplemental registration operated to correct an error or to amplify the information given in the basic registration.
• Claims for trademark infringement and related claims brought by a manufacturer and distributor of Vietnamese soup bases against a competing company regarding seven trademark registrations for Vietnamese phrases. At issue was whether a non-disclaimed word in the phrases was a valid and protectable trademark.
• Plaintiff textile company sued Defendant manufacturer and retailer for willful copyright infringement concerning two proprietary fabric designs. Defendant alleged that “publication” of those designs occurred when Plaintiff previously offered for sale samples of the two designs to Defendant. The issue was whether the registration of an unpublished collection of designs constituted valid copyright registration for the two allegedly previously published works within the collection.
• Trademark infringement action regarding defendants’ use of plaintiff’s trademarked phrase in greeting cards. The case involved interpreting the “Rogers” test as to whether defendants’ use of the mark “explicitly misleads consumers as to the source or the content of the work.”

• Copyright infringement claim for use of protected design patterns used in allegedly infringing clothing.
• Copyright infringement claims for use of copyrighted software, technology, and consumer products.
• Infringement claims for use of trademarks on clothing, footwear, and a variety of consumer products.
• Infringement claims for trademarks used in websites, catalogs, brochures and advertising materials.
• Claim for trademark infringement as a result of alleged breach of licensing agreement for use of mark in connection with defendant’s clothing and jewelry.
• Claims for dilution of trademarks brought by publicly traded internet-based retailer against competitors using confusingly similar trademarks and domain names.
• Trade dress infringement matters involving a variety of product configurations, such as cosmetic and perfume bottles, water art sculptures, motorized tie racks, footwear, product packaging, and other consumer products.
• Utility patent infringement case by owner of heat-treating system used to kill pests against group of water damage repair and restoration companies using heat in their drying process.
• Utility patent claims for bicycle pumps, photo booths, instrument flight cases, and a variety of consumer products.
• Design patent claims for motorized tie racks, perfume bottles, cosmetics, automotive industry forms, artwork, and a variety of consumer products.
• Domain name infringement and cases brought under the Anticybersquatting Consumer Protection Act.
  
• Initial interest confusion and claims of consumer confusion and damages caused by the redirecting of similar domain names by a competing business to its own website.
• Issues of internet jurisdiction and venue. Company based in Los Angeles, California used domain name for its non-interactive website which displayed its goods. Plaintiff sued Defendant in Seattle, Washington, claiming jurisdiction existed for a federal court action in Seattle, Washington.
• Trade secret disputes concerning theft and use of customer lists; use of ingredients used for competing health products; theft and use of product and pricing information for competing businesses; use of business methods and plans; and other matters.
• Claim for misappropriation of trade secrets used for manufacturing works of art.
• Claim for use of trade secrets used to create a competing consumer product.
• Trade secret dispute concerning computer program used to determine air quality data.
• Insurance coverage issue regarding whether manufacturer of plastic bags was entitled to insurance coverage for defense of patent infringement claims.
• Insurance coverage issue regarding whether “prior publication” exclusion extinguished carrier’s duty to defend underlying trademark infringement claims involving labels on health products.
• Insurance coverage issue regarding whether claim for misappropriation of trade dress for sales of motorized tie racks fell within the scope of “advertising injury” as a covered claim under a comprehensive general liability policy.
• Insurance coverage issue regarding whether publication of allegedly infringing DVD “testimonial” constituted a published “advertisement” within the scope of “advertising injury” under a comprehensive general liability policy.
• Insurance coverage issue regarding whether a nightclub’s unauthorized publication of several models’ photographs in advertisements was within the policy period for a carrier’s duty to defend underlying claims for misappropriation of name, photograph and likeness under Civil Code section 3344.
• Insurance coverage issue regarding whether Plaintiff’s amendment of its complaint to seek injunctive relief only, and omit a previous claim for monetary damages relieved the insurance company of the duty to indemnify and defend the insured against a trademark infringement action.

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• Claims for breach of contract and declaratory relief brought by the Seller of a multi-million-dollar commercial property against the Buyer, to recover the “earnest money deposit” placed into escrow. Seller alleged that the Buyer forfeited the deposit by failing to cancel the deal within the “feasibility period” deadline, and waived any due diligence rights associated with the purchase of the property.
• Brother-in-law sued his sister-in-law for quiet title, injunctive relief and declaratory relief, claiming that he was the legal owner of real property and was deceived into signing a grant deed to transfer the property to his sister-in-law. The sister-in-law cross-claimed for resulting trust and declaratory relief, asserting that her brother-in-law held legal title as a trustee of a resulting trust for her benefit as the equitable owner.
• Claims by homebuyers against home sellers, both agents and broker, for alleged fraud and failure to disclose the location and accessibility of a septic tank sewage disposal system, and failure to disclose facts materially affecting the value or desirability of the property, which had a conforming septic tank system that was partially located under a master bedroom.
• Claims by a residential home buyer against a builder/seller for violation of the Right of Repair Act, fraud, failure to disclose material facts, breach of contract, and negligence.
• Claims for (1) Quiet Title; (2) Financial Elder Abuse; (3) Breach of Oral Contract; (4) Unjust Enrichment; (5) Partition; and (6) Accounting against co-owner of rental property who allegedly deceived plaintiffs into assigning their one-third interest in the property, and cross-claims for partition and related claims brought by four other co-owners.

• Tenant claims against landlord/property owner for tenant harassment, tenant retaliation, fraud, and intentional misrepresentation.
• Action for breach of lease and breach of guaranty for rent for commercial property/restaurant.
• Breach of real estate sales agreement for failure to close escrow on commercial property and claim for deposit.
• Nuisance claims against nightclub for allegedly violating zoning restrictions.
• Claims by developer against Seller and broker for alleged misrepresentations concerning applicable zoning for proposed commercial development.
• Fraud and misrepresentation claims based on sale of residential property to two different buyers by seller who fled town after making both sales.
• Boundary line disputes involving residential and commercial property owners.
• Property boundary line dispute for parcels of land in a real estate development located in Mexico.
• Action by school district against seller for failure to disclose hazardous substances on proposed site for school.
• Action by buyer of residential property against seller for failure to disclose flood hazard that occurred during heavy rains.
• Variance issues for a shopping mall seeking permission to depart from the zoning ordinance requirements for proposed use of advertising and signage.
• Issues involving shoring of hillside properties and landslide prevention.
• Action by commercial landlord against tenant for failure to leave premises in “broom clean” condition.
• Actions concerning “substantial destruction” and “partial destruction” of premises and whether lease is terminated.
• Actions concerning casualty damage, and time frame for tenant to resume use of the premises and whether tenant must spend additional funds to return to normal business operations.
• Actions involving requests for rent abatement by tenants.
• Actions by tenants for repairs to unit, and determining common area issues.
• Actions by tenants for breach of warranty of possession (quiet enjoyment) of premises.
• Action by multiple tenants alleging uninhabitable conditions at apartment building.
• Investor partnership disputes over financing of residential and commercial properties.
• Joint venture disputes concerning sale and purchase of commercial property.
• Actions for breach of contract seeking return of escrow deposits for purchase of residential and commercial properties.
• Actions seeking damages for breach of contract for purchase of residential and commercial properties.
• Quiet title actions involving family members and friends, where one person obtains a real estate loan and title to the property in the name of another person who has better credit, with an expectation that the person on title will later transfer title back to the person with poor credit, who contends he or she is the true owner, and related issues of ownership claims arising from such arrangements.
• Action between live-in domestic partners to determine ownership of property and allocation of proceeds and expenses, where one person sold her home and used the proceeds for a down payment on a new home purchased with the other partner, with an expectation of marriage that did not materialize.
• Actions by banks and consumers against mortgage brokers for alleged fraudulent lending practices.
• Action by homeowner against HOA alleging discrimination, improper assessments, and HOA’s failure to follow CC&Rs and Civil Code for pre-litigation dispute resolution.
• Pre-litigation mediation involving a recorded lien against homeowner’s residence and non-judicial foreclosure proceedings to collect delinquent regular and special assessments against homeowner.
• Actions concerning property damage and time frame for homeowner to resume use of the residence and whether owner must spend additional funds to restore habitable conditions.
• Actions involving requests for assessment abatement by homeowners.
• Actions by homeowners disputing property damage and whether alleged damage occurred in the common area.
• Actions by homeowners for breach of warranty of possession (quiet enjoyment) of premises.
• Action by HOA against homeowner to remove a wall constructed by homeowner on his residence that exceeded the maximum height restriction of the HOA regulations.
• Action by HOA against homeowner for constructing a residence that exceeded the maximum height restriction of the HOA regulations.
• Action by adjoining landowner against HOA for wrongful removal of exotic trees.
• Specific performance matters where a seller or buyer of land, residential property, or commercial property refuses to honor the terms of the contract.
• Quiet title and partition actions to determine ownership of real property.
• Eminent domain involving auto dealership property adjacent to freeway.
• Eminent domain involving loss of business goodwill for equipment supply company that was required to relocate.
• Eminent domain for a residential neighborhood, so that an upscale condominium development could be built on that land. Any home within the neighborhood was defined as “blighted” if it did not meet the criteria set by the municipality.
• Action by buyer against seller of real property alleging breach of contract for construction and sale of real property.
• Claims for breach of fiduciary duty, negligence, fraud, and related claims brought by a real estate developer against a real estate broker. The broker’s MLS listing stated that the property was zoned LAR4, and allowed the buyer to build a multifamily building containing up to 16 units. After close of escrow, the buyer discovered that a General Plan Land Use contained restrictive zoning that took priority over the R4 zoning. As a result of the zoning conflict, buyer claimed damages for development fees incurred, lost profits for inability to develop the property as represented by the broker, and for the difference between the purchase price and the true value of the property.
• Lottery winner claimed she was the victim of fraud and elder abuse by others who gained her trust and caused her to invest millions of dollars in real estate investments.

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• A scuba diver was struck by a Yacht’s propeller, resulting in a broken leg. He sued the Yacht owners and the captain who chartered the vessel. At issue was determining who owned the Yacht on the day plaintiff was injured (with a complicated history of bills of sale, documents and payments between several individuals and companies), and whether the “owner” was insured, or whether the Private Pleasure Use Clause and the Transfer of Interest Clause excluded insurance coverage under the Yacht insurance policy.
• A scuba diver was struck by a Yacht’s propeller, resulting in a broken leg. He sued the Yacht owners and the captain who chartered the vessel. At issue was determining who owned the Yacht on the day plaintiff was injured (with a complicated history of bills of sale, documents and payments between several individuals and companies), and whether the “owner” was insured, or whether the Private Pleasure Use Clause and the Transfer of Interest Clause excluded insurance coverage under the Yacht insurance policy.