Tentative ruling issued by Judge Peter H. Kirwan on Feb. 04, 2021 in Santa Clara County, CA - Case no: xxxxx074

This is a lawsuit between two brothers, Plaintiff Jeff Baker (“Plaintiff”) and Defendant David Baker (“Defendant”) originally arising from a dispute over the running of a business, Power Breaker LLC, that Plaintiff and Defendant allegedly co-owned. Plaintiff alleges that on January 6, 2016 Defendant informed Plaintiff that he was terminating him from the company and that he had changed the locks at Power Breaker LLC, preventing Plaintiff from accessing personal property (mostly sports memorabilia) he kept at the business that he asserts was worth $30,000 at the time. Plaintiff sued Defendant (Baker v. Baker, case no. 16CV298904) over the termination and that case eventually went into arbitration to resolve the dispute. Plaintiff alleges that from January 2016 to August 2017 he did not demand the return of his personal property because he (incorrectly) believed it would be part of the arbitration. The current lawsuit states several claims related to Plaintiff’s personal property. Continue Reading